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Full text of "North Carolina Register v.10 no. 8 (7/14/1995)"



NORTH CAROLINA 

REGISTER 



VOLUME 10 • ISSUE 8 • Pages 639 - 715 
July 14, 1995 



IN THIS ISSUE 

Executive Order 

Environment, Health, and Natural Resources 

Human Resources 

Physical Therapy Examiners, Board of 

RRC Objections 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611- 7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 




This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1. 13 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
ludicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and notices of 
public hearings tiled under G.S. 150B-21.2 must be published in 
the Register. The Register will typically comprise approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription 
at a cost of one hundred and twenty dollars ($120.00) for 24 
issues Individual issues may be purchased for ten dollars 
($10.00). 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, PO Drawer 
27447, Raleigh, NC 27611-7447. 

ADOPTION, AMENDMENT. AND REPEAL OF RULES 

The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 
I50B of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the public may 
request a hearing); a statement of procedure for public comments; 
the text of the proposed rule or the statement of subject matter; the 
reason for the proposed action; a reference to the statutory 
authority for the action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form published as part of 
the public notice, until the adopted version has been published in 
the North Carolina Register for an additional 30 day comment 
period. 

When final action is taken, the promulgating agency must file the 
rule with the Rules Review Commission (RRC). After approval 
by RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative 
Hearings for publication in the North Carolina Administrative 
Code (NCAC). 

Proposed action on rules may be withdrawn by the promulgating 



agency at any time before final action is taken by the agency or 
before fifing with OAH for publication in the NCAC. 

TEMPORARY RULES 

Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporary rule pursuant to the provisions 
in G.S. 150B-21.1. If the Codifier determines that the findings 
meet the criteria in G.S. 150B-21.1, the rule is entered into the 
NCAC. If the Codifier determines that the findings do not meet 
the criteria, the rule is returned to the agency. The agency may 
supplement its findings and resubmit the temporary rule for an 
additional review or the agency may respond that it will remain 
with its initial position. The Codifier, thereafter, will enter the 
rule into the NCAC. A temporary rule becomes effective either 
when the Codifier of Rules enters the rule in the Code or on the 
sixth business day after the agency resubmits the rule without 
change. The temporary rule is in effect for the period specified in 
the rule or 180 days, whichever is less. An agency adopting a 
temporary rule must begin rule-making procedures on the 
permanent rule at the same time the temporary rule is filed with 
the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 40 occupational licensing boards. Compilation and 
publication of the NCAC is mandated by G.S. 150B-21.18. 

The Code is divided into Tides and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Tide 21 is designated for occupational licensing boards. 
The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of 
two dollars and 50 cents ($2.50) for 10 pages or less, 
plus fifteen cents ($0.15) per each additional page. 
Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

(2) The full publication and supplement service is printed 
and distributed by Barclays Law Publishers. It is 
available in hardcopy, CD-ROM and diskette format. 
For subscription information, call 1-800-888-3600. 

CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 10:01 NCR 1-67, April 3, 1995 refers to 
Volume 10, Issue 1, pages 1 through 67 of the North Carolina 
Register issued on April 3, 1995. 



FOR INFORMATION CONTACT: Office of Administrative Hearings, ATTN: Rules Division, PO Drawer 27447, Raleigh, 
NC 27611-7447, (919) 733-2678, FAX (919) 733-3462. 



NORTH CAROLINA 



IN THIS ISSUE 




I. EXECUTIVE ORDER 

Executive Order 81 



Volume 1 O, Issue 8 

■ 715 



July 14, 1995 



This issue contains documents officially 
filed through June 29, 1995. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh. NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



639-640 



II. PROPOSED RULES 

Environment, Health, and Natural Resources 

Environmental Management Commission 661-671 

Human Resources 

Facility Services 641 - 656 

Medical Assistance 660 - 661 

Mental Health, Developmental Disabilities and 

Substance Abuse Services 656 - 660 

Licensing Board 
Physical Therapy Examiners, Board of 671 - 679 

IIL RRC OBJECTIONS 680-684 



IV. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 685 - 695 

Text of Selected Decisions 

94 EHR 1756 696-699 

94 OSP 1 173 700-705 

V. CUMULATIVE INDEX 707-715 



Julian Mann III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



NORTH CAROLINA REGISTER 

Publication Schedule 

(November 1994 - September 1995) 



Volume 

and 

Issue 

Number 


Issue 
Date 


Last Day 
for Fil- 
mg 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Hearing 

15 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

to RRC 


** Earliest 

Effective 

Date 


9:15 


11/01/94 


10/11/94 


10/18/94 


11/16/94 


12/01/94 


12/20/94 


02/01/95 


9:16 


11/15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12/20/94 


02/01/95 


9:17 


12/01/94 


11/07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12/15/94 


11/22/94 


12/01/94 


12/30/94 


01/17/95 


01/20/95 


03/01/95 


9:19 


01/03/95 


12/08/94 


12/15/94 


01/18/95 


02/02/95 


02/20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02/20/95 


04/01/95 


9:21 


02/01/95 


01/10/95 


01/18/95 


02/16/95 


03/03/95 


03/20/95 


05/01/95 


9:22 


02/15/95 


01/25/95 


02/01/95 


03/02/95 


03/17/95 


03/20/95 


05/01/95 


9:23 


03/01/95 


02/08/95 


02/15/95 


03/16/95 


03/31/95 


04/20/95 


06/01/95 


9:24 


03/15/95 


02/22/95 


03/01/95 


03/30/95 


04/17/95 


04/20/95 


06/01/95 


10:1 


04/03/95 


03/13/95 


03/20/95 


04/18/95 


05/03/95 


05/22/95 


07/01/95 


10:2 


04/17/95 


03/24/95 


03/31/95 


05/02/95 


05/17/95 


05/22/95 


07/01/95 


10:3 


05/01/95 


04/07/95 


04/17/95 


05/16/95 


05/31/95 


06/20/95 


08/01/95 


10:4 


05/15/95 


04/24/95 


05/01/95 


05/30/95 


06/14/95 


06/20/95 


08/01/95 


10:5 


06/01/95 


05/10/95 


05/17/95 


06/16/95 


07/03/95 


07/20/95 


09/01/95 


10:6 


06/15/95 


05/24/95 


06/01/95 


06/30/95 


07/17/95 


07/20/95 


09/01/95 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 



This table is published as a public service, and the computation of tune periods are not to be deemed binding 
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 

of any public hearing, whichever is longer. See G.S. 150B-2 1.2(f) for adoption procedures. 

** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above, 

that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 

that RRC delivers the rule to the Codifer of Rules five (5) business days before the 1st day of the next calendar 

month. 



Re\ised 10/94 



EXECUTIVE ORDER 



EXECUTIVE ORDER NO. 81 

CREATION OF THE FAMILY 

SUPPORT TRUST FUND 

WHEREAS, it is recognized that the State of North 
Carolina, for the protection and nurturing of its children, 
must foster the development and support of its families: and 

WHEREAS, it is the responsibility of the State, local 
governments, non-profit organizations, businesses, and 
private citizens to work together to promote this develop- 
ment and support; and 

WHEREAS, the Department of Human Resources is 
responsible for encouraging the development of a compre- 
hensive statewide system of family resource services to 
support family well-being and prevent child abuse and 
neglect; and 

WHEREAS, the State must have the ability to combine 
public and private resources together in one fund and invest 
and expend those funds to promote the development of a 
statewide system of family resource services; 

NOW, THEREFORE, by the authority vested in me as 
Governor by the laws and Constitution of the State of North 
Carolina, TT IS ORDERED: 

Section E Establishment. 

The North Carolina Family Support Trust Fund is hereby 
established within the Department of Human Resources. 
The Trust Fund is established to serve as a pool in which 
state, federal, and private funds may be combined, invested, 
and disbursed specifically for the purposes of promoting and 
developing a broad range of child abuse and neglect preven- 
tion activities and family resource programs The assets of 
the Trust Fund may be used for purposes that include the 
following: 

A. Establishing and expanding statewide networks of 
community-based family resource programs; 

B. Promoting child abuse and neglect prevention 
activities; 

C. Integrating child and family services funding 
streams in order to provide flexible funding for 
the development of community-based family 
resource programs: 

D. Establishing or expanding community-based 
collaboration to foster the development of a 
continuum of preventive services for children and 
families, which are family-centered and culturally 
competent; 

E. Encouraging public and private partnerships in the 
establishment and expansion of family resource 
programs; and 

F. Increasing and promoting interagency coordination 
among state and local agencies in the establish- 
ment and expansion of family resource programs. 



The Trust Fund shall be administered at the direction of an 
interdisciplinary advisory board as specified in this Order. 

Section 2^ Interdisciplinary Advisory Board . 

The Family Support Trust Fund shall be administered by 
the Interdisciplinary Advisory Board, which shall include 
representatives from communities and representatives from 
existing health, mental health, education, vocational rehabili- 
tation, employment and training, child welfare, and other 
agencies within the State. The Secretary of the Department 
of Human Resources is directed to either: 

A. Direct the Advisory Committee on Family Cen- 
tered Services, under the leadership of the Chair- 
person chosen under the rules governing the 
Committee and with the incorporation of addi- 
tional representatives from existing vocational 
rehabilitation and employment and training agen- 
cies, to serve as the Interdisciplinary Advisory 
Board for the Family Support Trust Fund; or 

B. Establish a new Interdisciplinary Advisory Board, 
hereby referred to as the Family Support Trust 
Fund Interdisciplinary Advisory Board. The new 
Interdisciplinary Advisory Board shall be estab- 
lished in accord with the following guidelines. 

1 . The Board shall be composed of twelve repre- 
sentatives from communities and from existing 
health, mental health, education, vocational 
rehabilitation, employment and training, child 
welfare, state education agency and other agen- 
cies within the state and appointed by the Secre- 
tary of the North Carolina Department of Hu- 
man Resources; 

2. The Chairperson of the Board shall be desig- 
nated by the Secretary of the North Carolina 
Department of Human Resources for a one-year, 
renewable term; and 

3. Board members shall serve three year staggered 
terms. 

Section 3_^ Functions of the Interdisciplinary Advisory 
Board. 

The Interdisciplinary Advisory Board shall meet on an as 
needed basis at the call of the Chairperson. The responsibil- 
ities of the Interdisciplinary Advisory Board shall include 
those listed below: 

A. Assess issues critical to the prevention of child 
abuse and neglect and the development of a 
statewide system of family resource programs. 

B. Receive gifts, bequests, and devises for deposit 
and investment into the Family Support Trust 
Fund; 

C. Solicit proposals for programs which shall provide 
a board range of child abuse and neglect preven- 
tion activities and family resource programs; 

D. Establish criteria for the awarding of grants which 
shall include and emphasize the public-private 
partnership concept; 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



639 



EXECUTIVE ORDER 



E. Fund programs that effectively provide a broad 
range of child abuse and neglect prevention activi- 
ties and family resource programs; and 

F. Present a report to the Governor and the Secretary 
of the Department of Human Resources at the end 
of each state fiscal year. 

Section 4^ Administration. 

A. The Department of Human Resources shall pro- 
vide staff support as needed to support the activi- 
ties of the Family Support Trust Fund and the 
Interdisciplinary Advisory Board. 

B. Subject to the availability of funds, members of 
the Interdisciplinary Advisory Board may be 
reimbursed for travel and subsistence expenses as 
authorized by state statute. State Employees must 
be reimbursed by state appropriated funds. 

C. All funds administered by the Interdisciplinary 
Advisory Board shall be subject to audit by the 



State Auditor. 

Section 5^ Implementation and Duration. 

A. This order shall be effective immediately. 

B The Family Support Trust Fund shall be dissolved 

at the pleasure of the Governor. In the event of 
dissolution, the assets remaining in the fund will 
be turned over to one or more organizations 
described in Sections 501(c)(3) and 170(c)(2) of 
the Internal Revenue Code of 1954 or correspond- 
ing sections of any prior or future law, or to the 
federal, state, or local government for expenditure 
solely for the purposes stated in this Order and at 
the discretion of the Governor of the State of 
North Carolina. 

Done in Raleigh, this the 27th day of June. 1995. 



640 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Notice is hereby given in accordance with C.S. 
150B-21.2 that the North Carolina Medical Care 
Commission intends to amend rules cited as 10 NCAC 3D 
. 1401; 3M .0202 - .0205 and .0207. 

Proposed Effective Date: November 1, 1995. 

A Public Hearing will be conducted at 9:30 a.m. on 
September 8, 1995 at the UNC-Wilmington, 214 University 
Union, 601 S. College Road, Wilmington, NC 28403-3291. 

Reason for Proposed Action: 

10 NCAC 3D .1401 - To correct an incorrect rule cite. 
10 NCAC 3M .0202 - .0205, .0207 - To give local medical 
directors the freedom to decide the types and quantities of 
medical equipment and supplies to be stored for use on 
Mobile Intensive Care Units (MICU's). 

Comment Procedures: In order to allow the Commission 
sufficient time to review and evaluate your written comments 
prior to the hearing, please submit your written comments to 
Mr. Jackie Sheppard, APA Coordinator, DFS, P.O. Box 
29530, Raleigh, NC 27626-0530, telephone (919) 733-2342 
by August 18. 1995, but in no case later than the hearing on 
September 8, 1995. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 3 - FACILrTY SERVICES 

SUBCHAPTER 3D - RULES AND 

REGULATIONS GOVERNING 

AMBULANCE SERVICE 

SECTION .1400 - ADMINISTRATION 

. 1 40 1 PERMIT OR CERTIFICATION 

DENIAL, SUSPENSION, OR REVOCATION 

(a) The Office of Emergency Medical Services may deny, 
suspend, or revoke the permit of an ambulance service or of 
a specific vehicle for any of the following reasons: 

(1) Failure to comply with the requirements of 
Section .0900 of this Subchapter; 

(2) Obtaining a permit through fraud or misrepre- 
sentation; or 

(3) Failure to provide emergency medical care to 
the defined ambulance service area in a timely 
and professional manner. 

(b) The Office of Emergency Medical Services may deny, 
suspend, or revoke the certification of a field technician for 
any of the following reasons: 

(1) Failure to comply with the applicable perfor- 
mance and certification requirements as found in 



(2) 



(3) 



(4) 



(5) 



(6) 

(7) 
(8) 



(9) 



Section .0800 of this Subchapter; 
Obtaining or attempting to obtain certification or 
recertification through fraud or misrepresenta- 
tion; 

Aiding a person in obtaining or attempting to 
obtain certification or recertification through 
fraud or misrepresentation; 
Failure to competently perform the skills or 
procedures enumerated in Section . 1 4 00 . 1200 
of this Subchapter; 

Performance of a skill or procedure which is not 
within the scope and responsibility of the certifi- 
cate holder; 

Performance of a skill or procedure that is 
detrimental to the health and safety of a patient; 
Any felony conviction; 

A misdemeanor conviction of the use, posses- 
sion, or distribution of illegal drugs within the 
past five years; or 

Conviction of driving while impaired within the 
past five years. 



Statutory Authority G.S. 131E-157(a); 131E-159(b). 

SUBCHAPTER 3M - MINIMUM STANDARDS 
FOR MOBD.E INTENSIVE CARE UNTTS 

SECTION .0200 - EQUIPMENT 

.0202 MOBILE INTENSIVE CARE UNrT 
(MICU) I 

(a) In addition to equipment required in Rule .0201 of 
this Section, an ambulance identified as a Mobile Intensive 
Care Unit I may, upon approval of the medical director, 
carry equipment and supplies to perform medical acts 
authorized by 21 NCAC 32H .0403. The amount of 
equipment or supplies carried on each MICU I shall be 
concurrent with the medical protocols approved by the 
Office of Emergency Medical Services in effect for the 
advanced Life Support program with this the MICU I is 
affiliated, shall oarry th e following e quipm e nt and 
medical suppli e o, in amount s approv e d by th e m e dioal 
dir e otor: 

ft) two way — radio capabl e — of continuous voio e 

communications with the spon s or ho s pital; 

(3) angiooath noodles; 

(2) vacutninors; 

(4) I.V. administration s e ts appropriat e to s olution 

contain e rs and n ee dles; 

(5) blind insertion airway dovico; 

(6) antishock trousers. 

(b) A MICU I may also, upon approval of the medical 
director, carry the intravenous solution(s) and medications(s) 
authorized by 21 NCAC 32H .0403. The amounts and 
concentrations shall be concurrent with the medical proto- 
cols approved by the Office of Emergency Medical Services 
in effect for the Advanced Life Support program with which 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



641 



PROPOSED RULES 



the MICU I is affiliated. A copy of the current medical 
protocols may be obtained from the sponsor hospital of the 
advanced life support program. One copy of 21 NCAC 
32H may be obtained at no cost from the Office of Emer- 
gency Medical Services, 701 Barbour Drive, P.O. Box 
29530, Raleigh, NC 27626-0530. 

Statutory Authority G.S. 1 31 E-l 57(a). 

.0203 MOBILE INTENSIVE CARE UNIT III 

(a) In addition to equipment required in Rule .0201 of this 
Section, Ah an ambulance identified as a Mobile Intensive Care 
Unit III may, upon approval of the medical director, carry 
equipment and supplies to perform medical acts authorized by 
21 NCAC 32H .0402. The amount of equipment or supplies 
carried on each MICU III shall be concurrent with the medical 
protocols approved by the Office of Emergency Medical 
Services in effect for the advanced Life Support program with 
this the MICU III is affiliated, shall carry th e e quipm e nt and 
supplies required in Rule .0201 of this Section and tho following 
equipment and medical supplies in amounts approved by the 
m e dical director: 

f4-) two way radio capabl e of continuous voice oommu 

nioationa with tho sponsor hospital; 

f2-) angiocath necdloo; 

{£) vaoutain e rs; 

(4) I.V. adminiotrotion s e ts appropriat e to solution 

containers and noodles; 

{§} blind insertion airway devices; 

{&) antishock trous e rs; 



(7-) sterile syring e s; 

(8-) endotracheal tubes; 

(9) laryngoscope (handle and blade); 

f+0) cardiac monitor and accessories; 

f4-H d e fibrillator. 

(b) A vehicle identified as a Mobile Intensive Care Unit IH 
may also, upon approval of the medical director carry the 
intravenous solution(s) and medications(s) authorized by 21 
NCAC 32H .0402. The amounts and concentrations shall be 
concurrent with the medical protocols approved by the Office 
of Emergency Medical Services in effect for the Advanced Life 
Support program with which the MICU III is affiliated. A copy 
of the current medical protocols may be obtained from the 
sponsor hospital of the advanced life support program. One 
copy of 21 NCAC 32H may be obtained at no cost from the 
Office of Emergency Medical Services, 701 Barbour Drive, 
P.O. Box 29530, Raleigh, NC 27626-0530. 

Statutory Authority G.S. 131 E-l 57(a). 

.0204 ADVANCED LIFE SUPPORT 
NONTRANSPORTING UNIT 

A vehicle identified as an Advanced Life Support 
nontransporting unit shall carry equipment and supplies in 
accordance with the level of Advanced Life Support care 
offered by the provider with which the vehicle is affiliated. 
These requirements are defined in Rules .0202, .0203, .0205, 



and .0207 of this Subchapter. These vehicles shall also comply 
with requirements and criteria set forth in North Carolina 
General Statutes 20-125, d e aling with regarding horns and 
audible warning devices; 20-130.1, d e aling with regarding 
the use of red lights and other visual warning devices; and 
20-183.2, dealing with regarding vehicle equipment safety 
inspections. 

Statutory Authority G.S. 131E-157(a). 

.0205 MOBILE INTENSIVE CARE UNIT II 

(a) In addition to equipment required in Rule .0201 of this 
Section, Ah an ambulance identified as a Mobile Intensive Care 
Unit II may, upon approval of the medical director, carry 
equipment and supplies to perform medical acts authorized by 
21 NCAC 32H .0406. The amount of equipment or supplies 
carried on each MICU II shall be concurrent with the medical 
protocols approved by the Office of Emergency Medical 
Services in effect for the advanced Life Support program with 
this the MICU D is affiliated, shall carry th e e quipment and 
supplies required in Rule .0201 of this Section and tho following 
equipment and medical supplies in amounts approved by the 
medical director: 

f4^ two way radio capabl e of continuous voic e commu 

nications with tho sponsor hospital; 

(2-) angiocath noodles; 



m- 



vaoutain e rs; 



(4) I.V. administration sots appropriate to solution 

containers and needles; 

(£} blind insertion airway devices; 

(&) antishock trous e rs; 

f7} st e ril e syring e s; 

(&) endotracheal tubes; 

(9) laryngoscope (handlo and blade); 

f+O) oardiao monitor and accessories; 

f44-) defibrillator 

(b) A vehicle identified as a Mobile Intensive Care Unit II 
may, upon the approval of the medical director carry the 
intravenous solution(s) and medications(s) authorized by 21 
NCAC 32H .0406. The amounts and concentrations shall be 
concurrent with the medical protocols approved by the Office 
of Emergency Medical Services in effect for the Advanced Life 
Support program with which the MICU II is affiliated. A copy 
of the current medical protocols may be obtained from the 
sponsor hospital of the advanced life support program. One 
copy of 21 NCAC 32H may be obtained at no cost from the 
Office of Emergency Medical Services, 701 Barbour Drive, 
P.O. Box 29530, Raleigh, NC 27626-0530. 

Statutory Authority G.S. 131E-157(a). 

.0207 MOBILE INTENSrVE CARE UNIT IV 

(a) In addition to equipment required in Rule .0201 of this 
Section, An an ambulance identified as a Mobile Intensive Care 
Unit IV may, upon approval of the medical director, carry 
equipment and supplies to perform medical acts authorized by 
21 NCAC 32H .0407. The amount of equipment or supplies 



642 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



PROPOSED RULES 



carried on each MICU IV shall be concurrent with the medical 
protocols approved by the Office of Emergency Medical 
Services in effect for the advanced Life Support program with (2) 

this the MICU IV is affiliated, shall carry, in addition to the 
equipment roforoncod in Rule .0201 of this Section, an auto 
matio e xternal d e fibrillator (AED). 

(b) A MICU IV may also, upon approval of the medical 
director, carry the medications(s) authorized by 21 NCAC 32H (3)- 

.0407. The amounts and concentrations shall be concurrent 
with the medical protocols approved by the Office of Emer- 
gency Medical Services in effect for the Advanced Life Support 
program with which the MICU IV is affiliated. A copy of the £3} 

current medical protocols may be obtained from the sponsor 
hospital of the advanced life support program. One copy of 21 
NCAC 32H may be obtained at no cost from the Office of 
Emergency Medical Services, 701 Barbour Drive, P.O. Box 
29530, Raleigh, NC 27626-0530. 



Statutory Authority G.S. 13 IE- 157(a). 



14) 

(5J 



****************** 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Medical Care Commission intends 
to adopt rule cited as 10 NCAC 3L .1112; amend rules 10 
NCAC 3L .0901 - .0907. .1001 - .1007, .1101 - .1111, .1201 - 
. 1202, . 1301 - . 1302, . 1401 - . 1402 and repeal rule 3L . 1303. 

Proposed Effective Date: February 1 , 1996. £6} 

A Public Hearing will be conducted at 9:30 a. m. on Septem- £7} 

ber 8, 1995 at the UNC-Wiltnington , 214 University Union, 601 
S. College Road, Wilmington, NC 28403-3291. 

Reason for Proposed Action: To strengthen and clarify 
existing licensure rules governing home care agencies. 



Comment Procedures: In order to allow the Commission 
sufficient time to review and evaluate your written comments 
prior to the hearing, please submit your written comments to 
Mr. Jackie Sheppard, APA Coordinator, DFS, P. O Box 29530, 
Raleigh, NC 276260530, telephone (919) 733-2342 by August 
18, 1995, but in no case later than the hearing on September 8, 
1995. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

SUBCHAPTER 3L - THE LICENSED OF 
HOME CARE AGENCIES 

SECTION .0900 - GENERAL 



.0901 DEFINITIONS (ID 

The following definitions will apply throughout this Subchap- 
ter: 
(1) "Agency director" means the person having adminis- 



[8] 

m 

(10) 



trative responsibility for the operation of the homo 
ea*e agency. 

"Allied health personnel" means in hom e aid e o, 
licensed practical nurses, physical therapy assistants, 
occupational therapy assistants or other health profes- 
sionals as defined in occupational licensure laws that 
are subject to supervision by a health professional. 
"Appropriate health care professional" moans a 
licensed health care provider authorized to supervise 
oth e r p e rsonn e l ao d e fined in applicabl e occupational 
lie -e nsur e laws and regulations. 
£4) "Appropriate professional" means a licensed 
health care professional as defined in Subparagraph 
(3) of this Rule or a person with a baccalaureate 
degree in social work or an individual who meets the 
job specifications established for a social worker by 
the Office of State Personnel. 
"Client" means an individual who receives home care 



"Clinical respiratory services" means the provision of 
respiratory equipment and services that involve the 
assessment of a client's pulmonary status, monitoring 
of a client's response to therapy and reporting to the 
client's physician. Procedures, include but not 
limited to: oximetry, blood gases, delivery of medica- 
tion via aerosolization, management of ventilatory 
support equipment, pulmonary function testing and 
infant monitoring. 

(§) "Department" means the North Carolina Depart- 
ment of Human Resources. 

£6) "Follow-up care" means services provided to a 
licensed hospital's discharged patient in his their 
home by a hospital's employees. All services except 
pulmonary care, pulmonary rehabilitation or ventila- 
tor services shall not exceed three visits in any two 
month period and shall not extend beyond a 12 
month period following discharge. 
"Geographic service area" means the geographic area 
in which a licensed agency provides home care 
services. 

(7) "Governing body" means the person or group of 
persons having full legal authority and own e rship 
responsibility for the operation of the hom e oar e 
agency. 

(8) "Home care agency" means a private or public 
organization which provid e s homo care oorvieoo. an 
agency as defined in G.S. 131E-136(2). 

"Homo care agency premises" means the physical site 
where the home care agency maintains any staff 
p e rforming administrativ e funotiong, and maintains its 
p e rsonnel records, or maintains ito oli e nt s e rvio e 
re cords, or holds itself out to the public a s being a 
location for receipt of client referrals. 
(40) "Home care services" means any of th e follow 
ing se rvic e s and dir e ctly relat e d m e dical suppli e s and 
appliances, which arc provided to an individual in a 
place of temporary or permanent residence used as an 



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643 



PROPOSED RULES 



W- 



individual's homo: those services as defined in G.S. 
131E-136(3). 
— Nuroing oare; 



(b)- 



(e>- 



Physical, occupational or speech thompy, when 
provided to an ind i vidual who also is receiving 
nuroing s e rvic e s, or any oth e r of thos e th e rapy 
sorvioos, in a plaoo of temporary or perman e nt 
residence used as the individual's homo; 
Medical social s ervices; 



(#- 



&- 



In hom e aid e s e rvic e s that involv e hands on care to 



an individual; 

Infusion nursing sorvioos; and 



(12) 



(f) Assistance with pulmonary care, pulmonary roha 

bilitation or ventilation. — Th e t e rm "hom e oare 
services" does not includ e the following: 
(i) — health promotion, preventative health and com 
munity health sorvioos provided by public health 
dopartm e nti); 
(ii) — maternal and ohild health servic e s provid e d by 
public health departments, by employees of the 
Department of Environment, Health, and Natural 
Resourc e s under G.S. 130A 121, or by d e v e lop 
mental e valuation c e nters und e r contract with th e 
Department of Environment, Health, and Natural 
Resources — te — provide — services — under — G.S. 
130A 121; 
(iii) — hospitals lic e ns e d und e r Artiol e 5 or Chapt e r 
13 IE of the General Statutes when providing 
follow up care initiated to patients within s ix 
months aft e r th e ir discharg e from th e hospital; 
(iv) — facilities and programs operated und e r th e author 

ityofG.S. 122C; 
fv) — schools, when providing services pursuant to 

Artiole 9 of Chapt e r 115C; 
fvi) — th e praotio e of midwif e ry by a p e rson lio e ns e d 
under Article 10A of Chapter 90 of the General 
Statutes; 
(vii) — hospio e o licensed und e r Articl e 10 of Chapt e r 
13 IE of th e G e n e ral Statutes wh e n providing care 
to a hospico pationt; 
(viii) — an individual who engages solely in providing his 
own s e rvic e s to oth e r individuals; 
(4*) — incid e ntal h e alth care provid e d by an e mploy ee of 
a physician lioensed to practice med i cin e in North 
Carolina in the normal course of the physician'3 
praotio e ; or 
(*) — nursing registri es if the r e gi s try discloses to a 
client or the client's responsible party, before 
providing any servic e s, that: 

(A) it is not a licensed hom e oar e ag e ncy, and 

(&) it do e s not mak e any repr e s e ntations or 

guarantees concerning the training, s upervi 
sion or competence of the personnel pro 
vid e d. 
(44-) "Home health agency" means an agency as 
defined in Chapter 131-136(4) of the General Stat- 
utes. 



(42) "Homo health aid e " moons an in homo aide qualified 

to provide sorvioos und e r a home health ag e noy. 

(13) "Infusion nursing services" means those services 
related to the administration of pharmaceutical agents 
directly into a body organ or cavity , or via the 
intravenous, intraspinal, or e pidural routes . Routes 
of administration include but are not limited to sub- 
cutaneous, intravenous, intraspinal, epidural or 
intrathecal. Administration shall be by or under the 
supervision of a registered nurse in accordance with 
their legal scope of practice. 

(14) "In-home aide" means an individual qualified to 
provide hands-on personal care to home care clients. 

(15) "In-home care provider" means any individual who 
provides home care services as enumerated in G.S. 
131E-136. 

(16) (44) "In home aide services" are those hands-on 
paraprofessional services which assist the individual, 
his their family or both with essential home manage- 
ment tasks, personal care tasks, or supervision of the 
client's activities, or all of the above, to enable the 
individual, his their family or both, to remain and 
function effectively at home as long as possible. 

(17) (45) "Licensed practical nurse" means a person duly 
licensed as such, holding a current license as required 
by North Carolina statute G.S. 90-171.30 . 

(18) (44) "Medical social services" means those profes- 
sional services provided to an individual in his their 
home by a medical social worker, or by a medical 
social worker assistant under the supervision of a 
medical social worker, when provided by a hom e 
eafe- agency in conjunction with other nursing or 
therapy services provided by the same agency. 

(19) (4^7-) "Medical social worker" means a person with a 
masters degree from a school of social work ap- 
proved by the Council on Social Work Education 
who is eligible for certification by the North Carolina 
Certification Board for Social Work as a Certified 
Master Social Worker. 

(20) (48) "Medical social worker assistant" means a 
person who has a baccalaureate degree in social 
work, psychology, sociology, or other field related to 
social work, and has had at least one year of social 
work experience. 

(21) (49) "Nursing registry" means a person who main- 
tains a list of nurses or in-home aides or both that is 
made available to persons seeking nursing care or 
in-home aide services. A "nursing registry" does not 
include a registry kept by a person who: 

(a) collects a fee from a nurse, in-home aide or person 
seeking the services when the fee is contingent 
upon the employment or use of a nurse or in-home 
aide from the list; or 

(b) arranges or coordinates the delivery of services 
provided by a nurse or in-home aide from the list; 
or 

(c) supervises, evaluates or controls the provision of 



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PROPOSED RULES 



services by a nurse or in-home aide from the list. 

(22) (30) "Nursing services" means professional services 
provided by a registered nurse or a licensed practical 
nurse under the supervision of a registered nurse. 

(23) (34) "Occupational therapist" means a person duly 
licensed as such, holding a current license as required 
by North Carolina otntuto G.S. 90-270.70 . 

(24) (33) "Occupational therapist assistant" means a 
person duly licensed as such, holding a current 
license as required by North Carolina statut e G.S. 90- 
270.70 . 

(25) (33) "Occupational therapy services" means profes- 
sional services provided by a licensed occupational 
therapist or a licensed occupational therapist assistant 
under the supervision of a licensed occupational 
therapist. 

(26) "Paraprofessional" means an in-home care provider 
who does not hold a professional license or profes- 
sional certification and through the nature of their 
duties assists a professional. 

(27) "On -call services" means home care services made 
available to clients on a 24-hour basis in order to 
meet clients' unscheduled needs. 

(28) (34) "Personal care" includes tasks that range from 
assistance to an individual with basic personal hy- 
giene, grooming, feeding and ambulation to medical 
monitoring and other health care related tasks. 

(29) (35) "Physical therapist" means a person duly li- 
censed as such, holding a current license as required 
by North Carolina statut e G.S. 90-270.29 . 

(30) (36) "Physical therapist assistant" means a person 
duly licensed as such holding a current license as 
required by North Carolina statute G.S. 90-270.29 . 

(31) (37) "Physical therapy services" means professional 
services provided by a licensed physical therapist or 
a licensed physical therapist assistant under the 
supervision of a licensed physical therapist. 

(32) (3&) "Physician" means a person licensed as such, 
holding a current license as required by North Caro 
lina statute G.S. 90-15 . 

(33) (39) "Plan of care" means the written description of 
the authorized home care services and tasks to be 
provided to a client. 

(34) "Premises" means the location or licensed site from 
which the agency provides home care services or 
maintains client service records or advertises itself as 
a home care agency. 

(30) "Pulmonary care, pulmonary rehabilitation or ventila 

tion services" means the provision of pulmonary 
support e quipm e nt and r e lat e d s e rvic e and includes, 
but is not limit e d to: — oximetry, drawing of blood 
gassos. or delivery of medications via acrosolization, 
and management of ventilator)' support equipment. 
(34) "Registered nurse" means a person duly licensed 
as such, holding a current license as required by 
North Carolina statute G.S. 90-171.30. 



(35) 
(36) 



(33) "Respiratory therapist" means a person who is 



certified credential ed by the National Board for 
Respiratory Care. 

(37) "Respiratory practioner" means those persons who 
provide clinical respiratory services in a client's 
home. 

(38) "Scope of services" means those specific services 
provided by a licensed agency as listed on their home 
care license. 

(39) "Survey" means an inspection by the Division of 
Facility Services in order to assess the compliance of 
agencies with the home care licensure rules. 

(40) (33) "Social worker" means a person who meets the 
qualifications of the North Carolina Office of State 
Personnel for social workers. 

(41) (34) "Speech and language pathologist" means a 
person duly licensed as such, holding a current 
license as required by North Carolina statute G.S. 90- 
294 . 

(42) (35) "Speech therapy" means professional services 
provided by a licensed speech and language patholo- 
gist. 

(43) "Skilled Services" means all home care services 
enumerated in G.S. 131E-136(3) with the exception 
of in-home aide services. 

Statutory Authority G.S. 13 IE- 140. 

0902 LICENSE 

Each homo care agency premises shall obtain a license unless 
exempted by G.S. 131E-136(3). 

Statutory Authority G.S. 13 IE- 140. 

.0903 APPLICATION FOR AND ISSUANCE 
OF LICENSE 

(a) An application for the operation of a home care an agency 
shall be submitted to the Department prior to the schedulin g of 
an initial licensure survey or the issuance of a license being 
issued . The home caro agency shall establish, maintain and 
make available for inspection such documents, records and 
policies as required in this Section and statistical data sufficient 
to complete the licensure application and upon request of the 
Department, to submit an annual data report, including all 
information required by the Department. 

(b) The Department shall issue a license to each home car e 
agency. Whether initial and ongoing licensure inspections 
include all premises of a hom e car e an agency and whether they 
include on-site inspections shall be at the discretion of the 
Department. Initial licensure shall be for a period of not more 
than one year. Unless the Department takes adverse action on 
a license as outlined in G.S. 131E-139, subsequent licensure 
shall extend for a minimum of one year and a maximum of 
three years, at the discretion of the Department. Each license 
shall expire at midnight on the expiration date on the license and 
is renewable upon application. 

(c) The license shall be posted in a prominent location 
accessible to public view within the premises. The agency shall 



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645 



PROPOSED RULES 



also post a sign at the public access door with the agency name. 

(d) The license shall be issued for the premises and persons 
named in the application and shall not be transferable. The 
name and street address under which the agency operates shall 
appear on the license. The license shall reflect the services 
provided by the homo core agency. For a homo health agency. 
the lieonso shall also refl e ct the counti e s in which tho ag e ncy is 
authorized to provide home health services. 

(e) Prior to change of ownership or the establishment of a 
new homo h e alth agency, the agency must be in compliance 
with all the applicable statutes, rules and policies established 
under G.S. 13 IE, Article 9. 

(f) Prior to change of ownership of a homo care agency, tho 
agency must notify th e d e partm e nt. The licensee shall notify 
the Department in writing of any proposed change in ownership 
or name at least 30 days prior to the effective date of the 
change. 

(g) Any agency adding a new service category as outlined in 
G.S. 131E-136 (3)(a)-(f) shall notify the department in writing 
at least 30 days prior to the provision of that service to any 
clients. The Department shall approve the added service prior 
to its implementation. 

(h) An A hom e care agency shall notify the Department in 
writing if it discontinues or is unable to provide for a period of 
six continuous months any service category as outlined in G.S. 
131E-136(3)(a)-(f) that is listed on the agency's license. 

Statutory Authority G.S. 131E-140. 

.0904 INSPECTIONS 

(a) Any hom e care agency licensed by the Department shall 
be subject to proper inspections by an authorized representative 
of the Department at any time as a condition of holding such 
license. 

(b) Any organization subject to licensure which presents itself 
to the public as a home care agency, which does not hold a 
license, and is or may be in violation of Rule .0902 of this 
Section and G.S. 131E-138 shall be subject to proper inspec- 
tions at any time by authorized representatives of the Depart- 
ment. 

(c) Any authorized representative of the Department shall 
make his their identity known to the person in charge prior to 
inspection. 

(d) Inspection of service records shall be carried out in 
accordance with G.S. 131E-141(b). 

(e) An inspection shall be considered proper whenever the 
purpose of the inspection is to determine whether the agency 
complies with the provisions of this Subchapter or whenever 
there is reason to believe that some condition exists which is not 
in compliance with the rules in this Subchapter. The agency 
shall allow immediate access to its premises and the records 
necessary to conduct an inspection and determine compliance 
with the rules of this Subchapter. Failure to do so shall result 
in termination of the survey and may result in injunctive relief 
as outlined in G.S. 131E-142. 

(fj An agency shall file a plan of correction for cited deficien- 
cies within 10 working days of receipt. The Department shall 



review and respond to a written plan of correction within 10 
working days of receipt. 

(g) Representatives of the Department may visit clients in 
their homes to assess the agency's compliance with the clients' 
plans of care and with the licensure rules. Clients will be 
contacted by the agency staff in the presence of Department 
staff for permission to visit. 

Statutory Authority G.S. 13 IE- 140. 

.0905 MULTIPLE PREMISES 

If a person operates multiple home care agency premises: 

( 1 ) the Department may conduct inspections at any or all 
of the premises and shall issue a license to each of 
the premises based upon a sample inspection of any 
or all of the premises; 

(2) with 72 hours advance notice, the Department may 
request records from any of the premises necessary 
to ensure compliance with the rules m of this S e ction 
Subchapter ; and be brought to the site being in- 
spected, including the portions of personnel records 
subject to review. For agencies for whom a corpo- 
rate or government policy precludes the disclosure of 
employee evaluations, a statement signed by the 
employee's supervisor attesting to its completion shall 
be accepted. 

(3) the premises may share hands-on care staff or admin- 
istrative staff, or centralize the maintenance of 
records. 

Statutory Authority G.S. 131E-140. 

.0906 COMPLIANCE WITH LAWS 

(a) The hom e care agency shall be in compliance with all 
applicable federal, state and local laws, rules and regulations. 

(b) Staff of the home core agency shall be currently licensed 
or registered in accordance with applicable laws of the State of 
North Carolina. 

(c) An A hom e care agency shall be deemed to meet the 
licensure requirements and issued a license without further 
review or inspection if the agency is certified or accredited by 
one of the accrediting bodies specified in G.S. 131E-138(g) or 
is recognized by the Medical Care Commission as allowed by 
G.S. 131E-138(g) . 

Tho Department may, at its discretion, determine tho frequency 
and e xtent of th e revi e w and insp e ction of homo health agonoioo 
already c e rtifi e d as mooting f e d e ral requir e m e nts, but not mor e 
frequently than on an annual basis for routine reviews. 

(d) Nothing in this Section shall prohibit the Department 
from conducting inspections as provided for in Rule .0904 of 
this Section. 

(e) Any agency deemed to be in compliance by virtue of 
accreditation by one of the specified accrediting bodies shall 
submit to the Department a copy of its accreditation report 
within 30 days after the home care agency receives its report 
each time it is surveyed by the accrediting body. The agency 
shall notify the Department of any action taken that affects its 



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PROPOSED RULES 



accreditation status, either temporarily or permanently. The 
Department may conduct annual validation surveys to assure 
compliance. 

Statutory Authority G.S. 13 IE- 140. 

.0907 ADVERSE ACTION 

(a) The Department may deny, suspend, revoke, recall or 
amend a license in accordance; with G.S. 13 IE 130 for any 
homo oaro ag e noy whioh significantly fails to oomply with th e 
rules contain e d in this Subchapt e r or which failo to impl e m e nt 
an approved plan of correction for deficiencies cited by the 
Department. An A homo care agency may appeal any adverse 
decision made by the Department concerning its license by 
making such appeal in accordance with the Administrative 
Procedure Act, G.S. 150B and departmental rules 10 NCAC IB 
.0200etseq. As provided for in G.S. 13 IE 1 4 2, tho Depart 
m e nt ohall o ee k injunctiv e relief to pr e v e nt an ontity from 
establishing or op e rating a hom e oar e agonoy without a license. 
Pursuant to G.S. 131E 141.1 a person shall bo subject to 
criminal liability for establishing, conducting, managing, or 
operating a hom e oaro ag e noy without a licens e . 

(b) The Department may amend a license by reducing it from 
a full license to a provisional license whenever the Department 
finds that: 

(1) the licensee has substantially failed to comply with 
the provisions of Part C of Article 6 of Chapter 
131E of the General Statutes and the rules promul- 
gated under that Part; and 

(2) there is a reasonable probability that the licensee 
can remedy the licensure deficiencies within a 
reasonable length of time; and 

(3) there is a reasonable probability that the licensee 
will be able thereafter to remain in compliance with 
the home care licensure rules for the foreseeable 
future. 

The Department shall give the licensee written notice of the 
amendment of its license. This notice shall be given by 
registered or certified mail or by personal service and shall set 
forth the reasons for the action. 

(c) The provisional license shall be effective immediately 
upon its receipt by the licensee and must be posted in a 
prominent location, accessible to public view, within the 
licensed premises in lieu of the full license. The provisional 
license shall remain in effect until: 

(1) the Department restores the licensee to full licen- 
sure status; or 

(2) the Department revokes the licensee's license; or 

(3) the end of the licensee's licensure year. 

If a licensee has a provisional license at the time that the 
licensee submits a renewal application, the license, if renewed, 
shall also be a provisional license unless the Department 
determines that the licensee can be returned to full license 
status. A decision to issue a provisional license is stayed during 
the pendency of an administrative appeal and the licensee may 
continue to display its full license during the appeal. 

(d) The Department may revoke a license whenever: 



(1) The Department finds that: 

(A) the licensee has substantially failed to comply 
with the provisions of Part C of Article 6 of 
Chapter 13 IE of the North Carolina General 
Statutes and the rules promulgated under those 
parts; and 

(B) it is not reasonably probable that the licensee can 
remedy the licensure deficiencies within a reason- 
able length of time; or 

(2) The Department finds that: 

(A) the licensee has substantially failed to comply 
with the provisions of Part C of Article 6 of 
Chapter 13 IE of the General Statutes; and 

(B) although the licensee may be able to remedy the 
deficiencies within a reasonable time, it is not 
reasonably probable that the licensee will be able 
to remain in compliance with the home care 
licensure rules for the foreseeable future; or 

(3) The Department finds that there has been any 
failure to comply with the provisions of Part C of 
Article 6 of Chapter 131E of the North Carolina 
General Statutes and the rules promulgated under 
those parts that endangers the health, safety or 
welfare of the clients, receiving services from the 
agency. 

The issuance of a provisional license is not a procedural 
prerequisite to the revocation of a licensed pursuant to Subpara- 
graphs (d)(l)(2) and (3) of this Rule. 

Statutory Authority G.S. 131E-140. 

SECTION .1000 - ADMINISTRATION 

.1001 AGENCY MANAGEMENT AND 
SUPERVISION 

(a) The governing body or its designee shall establish and 
assure implementation of written policies governing agency 
operation. Such policies shall be available for inspection by the 
Department. The policies shall include, at the minimum, 
provision for the evaluation of tho quality and description of the 
scope eft of services offered, offered; admission and discharge 
policie s, policies; supervision and of personnel; development of, 
and updates to, the plan of care, management of emergency 
care situations in the home; time frame for completion and 
return of service records to the agency; personnel qualifications. 
qualifications; an organizational ohart, chart; program e valua 
tion, evaluation; employee and client confidentiality; and 
coordination of and referral to and from other community 
agencies and resources. 

(b) The hom e car e agency shall designate an individual to 
serve as agency director. The agency director shall have the 
authority and responsibility for administrative direction of the 
homo care agency. 

(c) The h om e oar e agency shall designate a professional 
responsible for supervising each type of home care service 
provided by the agency either directly or by contract. This 
individual may be the supervisor for one or more home care 



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647 



PROPOSED RULES 



services and may also serve as the agency director. 

(d) There shall be written documentation that specifies the 
responsibilities and authority of the agency director and 
supervisor. 

(e) If the position of agency director becomes vacant, the 
Department shall be notified within one week five working days 
in writing of such vacancy along with the name of the replace- 
ment, if available. Agency policies shall define the order of 
authority in the absence of the administrator. 

(f) The agency shall have the ultimate responsibility for the 
services provided under its license; however, it may make 
arrangements with contractors and others to provide services in 
accordance with Rule .1111 of this Subchapter. 

(g) An A homo ear s agency shall have written policies which 
identify the specific geographic area in which the agency 
provides each service. For homo health agoneioa, those goo 
graphic area policies shall bo consistent with tho cortificato of 
need restrictions on g e ographio aroa for th e agonoy'o hom e 
health agency cli e nts. If an agency plans to expand its geo- 
graphic service area without opening an additional site, the 
Department shall be notified in writing 30 days in advance. 

Statutory Authority G.S. 13 IE- 140. 

.1002 ADMINISTRATIVE, FINANCIAL AND 
STATISTICAL RECORDS 

(a) The hom e car e agency shall establish, maintain and make 
available for inspection the home care annual budget and 
statistical records . 

(b) The agency shall record, maintain and make available to 
the Department statistical records as requested. The records 
shall include information on tho agency's homo earo s taff, client 
demographics, paymont sources and other statistical data as 
required for th e operation of tho agency or by tho Department. 
at a minimum the following. 

(1) Number of home care staff, including administra- 
tive, clerical, professional and paraprofessional and 
their total number of units of services; 

(2) Client demographics, including county of residence 
and age; and 

(3) Number of units of service by service category. 

(c) Records shall be retained for a period of not less than 
three years. 

(d) When an a home care agency operates as a part of a 
health care facility licensed under Article 5 or 6 of G.S. 13 IE, 
or as a part of a larger diversified agency, records of home care 
activities and expenditures that are separate and identifiable shall 
be maintained for the homo care agency. 

Statutory Authority G.S. 131E-140. 

1003 PERSONNEL 

(a) Written policies shall be established and implemented by 
the agency regarding infection control and exposure to commu- 
nicable diseases consistent with Subchapter 19A of Title 15A, 
North Carolina Administrative Code. These policies and 
procedures shall include provisions for compliance with 29 CFR 



1910 (Occupational Safety and Health Standards) which is 
incorporated by reference including subsequent amendments. 
Emphasis shall be placed on compliance with 29 CFR 1910- 
1030 ( Airborne and Bloodbome Pathogens). Copies of Title 29 
Part 1910 can be purchased from the Superintendent of Docu- 
ments. U.S. Government Printing Office, P.O. Box 371954, 
Pittsburgh, PA 15250-7954 or by calling Washington, D.C. 
202-512-1800. 30403 for thirty eight dollars ($3 8 .00) The cost 
is twenty -one dollars ($21.00) and may be purchased with a 
credit card, by a direct tel e phone call to th e G. P.O. at 202/783 
323 8. Hands on care omployooo must hav e an annual okin t e st 
for TB. Individuals, who have previously tested positive to tho 
TB skin tost, shall obtain an annual verification that they are 
fre e of TB. This v e rification shall b e obtained from th e local 
h e alth d e partm e nt, a private physician or h e alth nurs e e mployed 
by tho agency. Tho Tuberculosis Control Branch of tho North 
Carolina Department of Environment, Health, and Natural 
R e sourc e s, P.O. Box 276 8 7, Ral e igh, North Carolina 27611 
76 8 7 will provid e fre e of charg e , guid e lin e s for conducting 
verification and Form DEHNR 3 4 05 (Record of Tuberculosis 
Screening). Employees that are directly exposed to tuberculosis 
(TB) clients, including those involved with high hazard proce- 
dures, are required to have an initial or baseline tuberculosis 
skin test. For this category of employee, the tuberculosis test 
must be repeated every six months. For employees that do not 
work with known tuberculosis clients (in other words they do 
not have occupational exposure) the tuberculosis test would not 
be required. 

(b) Written policies shall be established and implemented 
which include personnel record content, orientation and in- 
service education. Records on the subject of in-service educa- 
tion and attendance shall be maintained by the agency and 
retained for at least one year. 

(c) Job descriptions for every position shall be established in 
writing which include qualifications and specific responsibilities. 
Individuals shall be assigned only to duties for which they are 
trained and competent to perform and when applicable for 
which they are properly licensed. 

(d) Personnel records shall be established and maintained for 
each home care employee which include education, training, 
previous experience, verification of professional or paraprofos 
si onal regi s tration or lic e ns e wh e n applicabl e , oth e r qualifioa 
tions, and annual p e rformanc e e valuations . When requested, 
the records shall be available on the agency premises for 
inspection by the Department. These records shall be main- 
tained for at least one year after termination from agency 
employment. The records shall include as a minimum: 

(1) an application or resume which lists education, 
training and previous employment that can be 
verified, including job title; 

a job description with record of acknowledgment by 
the e mployee; 

reference checks or verification of previous em- 
ployment; 

records of tuberculosis screening for employees for 
whom the test is necessary as described in Para- 
graph (a) of this Rule; 



CD 
(3} 
£4) 



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July 14, 1995 



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PROPOSED RULES 



(5) Documentation of Hepatitis B immunization or 
declination for hands-on care employees in accor- 
dance with the agency's exposure control plan; 

(6) airborne and bloodbome pathogen training for 
hands on care employees, including annual updates, 
in compliance with 29 CFR 1910 and in accordance 
with the agency's exposure control plan; 

(7) performance evaluations according to agency policy 
and at least annually ; 

(8) verification of employees' credentials as applicable; 
and 

(9) records of the verification of competencies by 
agency supervisory personnel of all skills required 
of home care services personnel to carry out client 
care tasks to which the employee is assigned. The 
method of verification shall be defined in agency 
policy. 

Statutory Authority G.S. 13 IE- 140. 

.1004 EVALUATION 

(a) The hom e oar e agency's governing body or its designee 
shall, at least annually, conduct a comprehensive evaluation of 
the homo caro agency's total operation. Tho evaluation shall 
aflouro tho appropriateness and quality of the agency's services 
with findingo used to v e rify 1 polioy impl e m e ntation, to id e ntify' 
probl e ms, and to e stablish problem resolution and polioy 
revision as necessary. 

(b) The evaluation shall assure the appropriateness and 
quality of the agency's services with findings used to verify 
policy implementation, to identify problems, and to establish 
problem resolution and policy revision as necessary. 

(c) (b)The evaluation must shall consist of an overall policy 
and administration review, including the scope of services 
offered, arrangements for services with other agencies or 
individuals, admission and discharge policies, supervision and 
plan of care, emergency care, service records, personnel 
qualifications and program evaluation. Data to be assessed shall 
include at a minimum the following as a minimum : 

(1) number of clients receiving each services, 

(2) number of visits or hours for each service; 

(3) client outcomes; 

(4) adequacy of staff to meet client needs; 

(5) numbers and reasons for nonacceptance of clients; 
and 

(6) reasons for discharge. 

(d) {e)An evaluation of the agency's client records shall be 
carried out at least quarterly by appropriate professionals 
representing the scope of the agency's program. The evaluation 
shall include a review of sample active and closed client records 
to ensure that agency policies are followed in providing 
services, both direct and under arrangement, and to assure that 
the quality of service is satisfactory and appropriate. The 
review shall consist of a representative sample of all home care 
services provided by the agency. 

(e) (^Documentation of the evaluation shall include the 
names of persons carrying out the evaluation, the criteria and 



methods used to accomplish it, and the any action taken by the 
agency as a result of the its findings. 

Statutory Authority G.S. 13 IE- 140. 

.1005 HOSPICE CARE 

If an a hom e oare agency offers or provides a hospice 
program of care, such services shall be in compliance with all 
provisions of 10 NCAC 3T (Hospice Licensing Rules), with the 
exception of rules requiring a separate hospice license. 
Hospices shall be eligible for a home care license if they meet 
the requirements of JO NCAC 3L and meet the standards for 
the specific home care services offered. The extent of the 
licensure review shall be at the discretion of the Department. 
Should the hom e oare agency's hospice program be found in 
non-compliance with the hospice licensure rules or statutes, that 
shall be a violation of their homo caro agoncy either license. 
Adverse action shall be taken in accordance with Section .0900 
of this Subchapter and injunctive relief may be sought in 
accordance with North Carolina General Statute 131E-206. 

Statutory Authority G.S. 13 IE- 140. 

.1006 NURSING POOL 

If an A homo caro agency offers or provides a nursing pool, 
and does not wish to obtain a separate license for its nursing 
pool, such services shall be in compliance with all provisions of 
10 NCAC 3V (Nursing Pool Licensing Rules), with the 
exception of rules requiring a separate nursing pool license. 
Should the homo oaro agency's nursing pool be found in 
non-compliance with the nursing pool licensure rules and 
statutes, that shall be a violation of their home care agency 
license. Adverse action shall be taken in accordance with 
Section .0900 of this Subchapter and injunctive relief may be 
sought in accordance with North Carolina General Statute 
131E-154.7. 

Statutory Authority G.S. 131E-140. 

.1007 CLIENT RIGHTS AND 
RESPONSIBILITIES 

(a) An A hom e car e agency must provide each client with a 
written notice of the client's rights and responsibilities in 
advance of furnishing care to the client or during the initial 
evaluation visit before the initiation of services. The agency 
must shall maintain documentation showing that each client has 
received a copy of his their rights and responsibilities. 

(b) The notice must shall include at a minimum the client's 
right to: 

(1) be informed and participate in his their plan of 
care; 

(2) voice grievances about his their care and not be 
subjected to discrimination or reprisal for doing so; 

(3) confidentiality of his their records; 

(4) be informed of his liability for payment for ser- 
vices; and 

(5) be informed of the process for acceptance and 



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649 



PROPOSED RULES 



L6J 

ill 

® 



continuance of service and eligibility determina- 
tion; 

fS)accept or refuse servic e s, services; 
be informed of the agency's on-call service; 
be informed of supervisory accessibility and avail- 
ability; and 

be advised of the agency's procedures for dis- 
charge. 

(c) An A homo care agency shall provide all clients with a 
telephone number for information, questions or complaints 
about services provided by the agency. The agency shall also 
provide the Division of Facility Services complaints hotline 
number or the Department of Human Resources Caroline 
number. The Division of Facility Services will investigate all 
allegations of non-compliance with the rules. 

(d) An A homo care agency shall investigate^^ within 72- 
hours, complaints made by a client or his their family, and must 
document both the existence of the complaint and the resolution 
of the complaint. 

Statutory Authority G.S. 131E-140. 

SECTION .1100 - SCOPE OF SERVICES 

.1101 ACCEPTANCE OF CLIENTS 
FOR SERVICE PROVISION 

Within the scope of services provided, the Tho hom e oare 
agency shall develop and implement and follow written policies 
governing the acceptance of clients and client services . These 
policies and procedures shall include consid e ration of the 
following; 

(1) adequacy and suitability of agency personnel and 
resources to provide the services required by the 
client and information on resources available to cover 
staff absence ; 

(2) reasonable expectation that the client's medical, 
nursing, personal, and 3oeiaI needs need for re- 
quested services can be met adequately at home by 
the agency ; 

(3) adequate physical facilities in the client's home for 
his their plan of care; and 

(4) availability or absence of family or substitute family 
member able and willing to participate in the client's 
care whore when necessary to ensure the safety of the 
cliont. client; 

(5) information on the scope of services provided and the 
geographic area served with each service; 

(6) notification to the referral source when one or more 
needed and requested services (including assessment) 
cannot be provided to a specific client within a time 
frame requested by the referral source and established 
by agency policy; 

(7) advance notification of at least 48 hours to the client 
or responsible party when service provision is to be 
reduced or terminated, except in cases where the 
client is in agreement with changes, there is a clanger 
to a client or staff member, or the physician termi- 



nates services; and 
(8) referral to and coordination with other appropriate 
agencies when the agency is unable to respond to a 
request for service promptly, or to continue to 
provide service. 

Statutory Authority G.S. 13 IE- 140. 

.1102 NURSING SERVICES AND DUTIES 

(a) If an agency provides nursing services, such services shall 
be provided by or under the supervision of a registered nurse 
and in accordance with the North Carolina Nursing Practice 
Act, G.S. Chapter 90, Article 9A, and the client's plan of care. 

(b) Registered nurse duties shall include the following as a 
minimum: 

(1) regularly assess the nursing needs of the client; 

(2) develop and implement the client's nursing plan of 
care; 

(3) provide nursing services, treatment, and diagnostic 
and preventive procedures; 

(4) initiate preventive and rehabilitative nursing proce- 
dures appropriate for the client's care and safety; 

(5) observe signs and symptoms and report to the 
physician any reaction to treatment, drugs, or 
changes in the client's physical or emotional condi- 
tion; 

(6) teach, supervise, and counsel the client and family 
members about providing care for the client at 
home; and 

(7) supervise and train other nursing service personnel. 

(c) Licensed practical nurse duties are delegated by and 
performed under the supervision of a registered nurse^ Consis- 
tent with the client's plan of care, duties may include: and 
includ e th e following ao a minimum: 

(1) obs e rv e , record and r e port to th e sup e rvisor on th e 
general physical and mental condition of tho cliont 
participating in assessment of the client's health 
status ; 

(2) administ e r pr e scrib e d m e dications and tr e atments 
implementing nursing activities, including the 
administration of prescribed medical treatments and 
medications ; 

(3) assist th e physician or regi s tered nurse in perform 
ing specialized procedures; and assisting in teaching 
the client and family members about providing care 
to the client at home; and 

(4) assist in t e aching th e oli e nt and family m e mb e rs 
about providing care to tho cliont at home delegat- 
ing tasks to in-home aides and supervising their 
performance of tasks within the limitations estab- 
lished in 21 NCAC 36 .0225(d)(3) adopted by 
reference . 

(d) If an agency provides nursing services, the agency shall 
provide, at least, on-call nursing services on a 24 hour basis, 
seven days a week. The agency shall retain current on-call 
schedules and previous schedules for one year and make them 
available, on request, to the Department. 



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July 14, 1995 



10:8 



PROPOSED RULES 



Statutory Authority G.S. 13 IE- 140. 



Statutory Authority G.S. 13 IE- 140. 



.1103 PHYSICAL THERAPY SERVICES 

(a) If an agency provides physical therapy services, such 
services shall be provided by or under the supervision of a 
licensed physical therapist and in accordance with G.S. Chapter 
90, Article 18B, Physical Therapy, and the plan of care. 

(b) Physical therapy duties include the following as at a 
minimum: 

(1) assess the client to determine level of physical 
function; 

(2) establish and implement physical therapy treatment 
plan; 

(3) observe, record, and report to the physician any 
reaction to treatment or changes in the client's 
condition; 

(4) instruct the family in the client's total physical 
therapy program; and 

(5) instruct family members, in-home aides and other 
health team personnel in performing appropriate 
therapy treatment. 

(c) When a licensed physical therapist assistant is providing 
services in the home, the licensed physical therapist shall be 
accessible at all times clients are receiving services, and meet 
the supervisory requirements specified in Rule . 1 1 10 of this 
Section. 

(d) The licensed physical therapist shall perform all initial 
assessments, establish the plan of care, visit to perform plan of 
care updates and assess the client's functional status, as pre- 
scribed in Rule .1202 of this Subchapter, on discharge from 



Statutory Authority G.S. 13 IE- 140. 

.1104 SPEECH THERAPY/PATHOLOGY 
SERVICES 

(a) If an agency provides speech therapy, or services in 
speech and language pathology or audiology such services shall 
be provided in accordance with G.S. Chapter 90, Article 22, 
North Carolina Licensure Act for Speech and Language 
Pathologists and Audiologists and the client's plan of care 

(b) Speech pathologist duties shall include the following as at 
a minimum: 

(1) assess clients with speech, language, voice, dyspha- 
gia, and/or hearing disorders; 

(2) establish and implement the speech therapy treat- 
ment plan; 

(3) record and report to the physician any reaction to 
treatment and or changes in the client's condition; 

(4) teach other health team personnel and family 
members techniques to help improve and correct 
the client's speech, language, voice, dysphagia, 
and/or hearing potential; and 

(5) counsel the client and family about the client's 
speech, language, voice, dysphagia, and/or hearing 
disabilities. 



,1105 OCCUPATIONAL THERAPY SERVICES 

(a) If an agency provides occupational therapy, such services 
shall be provided by or under the supervision of a licensed 
occupational therapist in accordance with G.S. Chapter 90, 
Article 18D, Occupational Therapy and the plan of care. 

(b) Occupational therapist therapy duties include the follow- 
ing as at a minimum: 

(1) assess the client's functional ability to perform 
activities of daily living; 

(2) establish and implement the occupational therapy 
treatment plan; 

(3) observe, record, and report to the physician any 
reaction to treatment and any changes in the client's 
condition; 

(4) instruct family members, in-home aides and other 
health team personnel in appropriate therapy meth- 
ods; and 

(5) design, develop and fit orthotic devices and 
self-help devices. 

(c) When a certified occupational therapist assistant is 
providing services in the home, the licensed occupational 
therapist shall be accessible at all times clients are receiving 
services, and meet the supervisory requirements specified in 
Rule . 1 1 10 of this Section. 

(d) The licensed occupational therapist shall perform all initial 
assessments, establish the plan of care, visit to perform plan of 
care updates and discharge summaries as described in Rule 
. 1202 of this Subchapter. 

Statutory Authority G.S. 13 IE- 140. 

.1106 MEDICAL SOCIAL WORK SERVICES 

(a) If an agency provides medical social work services, such 
services shall be provided by or under the supervision of a 
medical social worker and in accordance with the client's plan 
of care. 

(b) Medical social work services include the following as at 
a minimum: 

(1) assist the physician and other members of the health 
team in understanding the significant social and 
emotional factors related to the client's health 
problems; 

(2) assess social and emotional factors in order to 
estimate the client's capacity and potential to cope 
with problems of daily living; 

(3) help the client and family to understand, accept, 
and follow medical recommendations and provide 
services planned to restore the client to optimum 
social and health adjustment within his their capac- 
ity; 

(4) assist the client and family with personal and 
environmental difficulties which predispose toward 
illness or interfere with the client obtaining maxi- 
mum benefits from medical care; and 

(5) assist the client and family in the utilization of 



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July 14, 1995 



651 



PROPOSED RULES 



appropriate community resources. 
Statutory Authority G.S. 131E-140 

.1107 IN-HOME AIDE SERVICES 

(a) If an agency provides in-home aide services, the services 
shall be provided in accordance with the client's plan of care. 

(b) In-home aides shall follow instructions for client care 
written by the professional required for the services provided. 
In-home aide duties may include, but are not limited to the 
following: 

(1) help with prescribed exercises which the client and 
in-home aides have been taught by appropriate 
professional personnel; 

(2) provide or assist with personal care (i.e., bathing, 
care of mouth, skin and hair); 

(3) assist with ambulation; 

(4) assist client with self-administration of medications 
which are ordered by a physician or other person 
authorized by state law to prescribe; 

(5) perform incidental household services which are 
essential to the client's care at home; and 

(6) record and report changes in the client's condition, 
family situation or needs to the appropriate health 
care professional. 

Statutory Authority G.S. 13 IE- 140. 

.1108 INFUSION NURSING SERVICES 

(a) If an agency provides infusion nursing services, the 
services shall be provided by or under the supervision of a 
registered nurse with training in infusion services or special 
training in the drug and nutritional therapies the agency offers, 
as identified in agency policies, and in accordance with the 
North Carolina Nursing Practice Act, G.S. Chapter 90, Article 
9A, and a plan of care signed by a physician. 

fb) — Infusion nursing duties include the following as a 
minimum: 

fH evaluate th e cli e nt's h e alth and p s ychosocial nc - ods; 

f2-) regularly assess the nursing needs of the client; 

(3) develop and implement the client's infusion nursing 

plan of care; 

f4-) toach and train th e cli e nt or car e giv e r to administ e r 

drugs to the client, where applicab l e; 

f£) assess and provide nursing care to the client's 

administration sit e ; and 

{&} dir e ctly administ e r m e dications to the cli e nt. 

£bj fe) If an agency provides or arranges for infusion nursing 
services, the agency shall provide provide, at least, on-call 
infusion nursing services on a 24 hour hours basis, seven days 
a week 

(cj If the agency provides or contracts for infusion pharmacy 
services there shall be policies and procedures governing the 
scope of pharmacy services provided. Pharmacy services shall 
be provided in accordance with the Pharmacy Laws of North 
Carolina and related rules and shall be provided on a 24-hour 
basis, seven days a week. 



Statutory Authority G.S. 131E-140. 

.1109 CLINICAL RESPIRATORY SERVICES, 
INCLUDING PULMONARY, OR 
VENTILATION SERVICES 

(a) If an agency provides respiratory services pulmonary, 
pulmonary rehabilitation or ventilation services, the services 
shall be provided by or under the supervision of a respiratory 
therapist or a registered nurse with demonstrated competency in 
the delivery of respiratory services under a plan of care signed 
by a physician. Within the agency's defined scope of service, 
respiratory staff, including contractors, shall maintain an active 
license, certification or registry and shall demonstrate proof of 
education and experience sufficient for the safe delivery of 
service. 

(b) Pulmonary, pulmonary rehabilitation or ventilation 
Clinical respiratory services H»y shall include the following: 

(1) assess assessment of the client's ongoing need for 
services; oxyg e n, oth e r medical goos e s and r e lat e d 
equipment; 

(2) teach and train client or caregivers to 
self-administer home respiratory care m e dical 
gass e s or r e spiratory procedures; 

(3) toach and train client or caregivers about home 
safety related to medical gassos and equipment; 
collect laboratory specimens; 

(4) coll e ct laboratory sp e oim e ns; and evaluate function- 
ing of ventilator support equipment; 

(5) evaluate functioning of ventilatory support equip 
m e nt. infant monitors; and 

(6) when ordered by a physician, administration of 
aerosolized medication. 

(c) If an agency provides these services, the agency shall 
provide provid e , at l e ast, on-call respiratory e&fe services 
emergency response on a 24 hour basis, seven days a week. 

Statutory Authority G.S. 13 IE- 140. 

.1110 SUPERVISION AND COMPETENCY OF 
FN-HOME AIDES OR OTHER IN-HOME 
CARE PROVIDERS 

(a) In-home aides or other allied health personnel subject to 
occupational licensing laws shall meet competency testing 
requirements consistent with the appropriate occupational 
licensing laws and regulations established by the appropriate 
occupational licensing board. Each agency is responsible for 
documenting that ks in-home aides and other in-home care 
providers are competent to perform client care tasks or activities 
to which they are assigned. These Such individuals shall be 
sup e rvis e d by on appropriat e h e alth car e prof e ssional perform 
delegated activities under the supervision of persons authorized 
by state law to provide such supervision . 

(b) Those in-home In home aides or other allied health 
p e rsonn e l and other in-home care providers who are not subject 
to occupational licensing laws shall only be assigned duti es 
client care activities for which they have demonstrated compe 
tency, competency, the documentation of which is maintained 



652 



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July 14, 1995 



10:8 



PROPOSED RULES 



by the agency. Meeting competency includes a correct demon- 
stration of tasks to an a ppropriate professional. Each agency is 
responsible for documenting that its in-home aides and other in- 
home care providers correctly demonstrate competence for all 
assigned client care tasks or activities. Such Those individuals 
shall be supervised by an the appropriate professional e^-a 
compet e nt, — appropriat e ly — train e d — paraprofeooional — who — is 
supervised by an appropriate professional, who may further 
delegate specific supervisory activities to a competent, appropri- 
ately trained paraprofessional as designated by agency policy, 
provided that the following criteria are met: 

(1) there is continuous availability of the appropriate 
professional for supervision and consultation; and 

(2) accountability for supervisory activities delegated is 
maintained by the appropriate professional. 

(c) Respiratory practitioners who are not subject to occupa- 
tional licensing laws shall only be assigned duties for which they 
have demonstrated competency. Agencies that are providing 
clinical respiratory care services must provide supervision under 
the direction of a registered respiratory therapist, certified 
respiratory therapy assistant, or a registered nurse with suffi- 
cient education and clinical experience in the scope of the 
services offered. 

(d) fe) The appropriate supervisor shall supervise an in-home 
aide or other allied health personnel care provider as specified 
in Paragraphs (a) or (b) m of this Rule by making a supervisory 
visit to each client's place of residence at least every three 
months, with or without the in-home aide's or other allied 
health personnel's care provider's presence, and at least 
annually, while the in-home aid e or oth e r alli e d health personnel 
care provider is providing care to each client. 

(e) (d) A quarterly supervisory visit to the home of each 
client, by the appropriate professional supervisor for each type 
of in-home care provider as specified in Paragraphs (a) and (b) 
« of this Rul e Rule, shall will meet the minimum requirement 
for supervision of any and all in homo aides and any and all 
other allied health personnel of the specified type of in-home 
care providers who have provided service to the client within 
the quarter. The supervisory visit will shall include review of 
the client's general condition, progress and response to the 
services provided by the in homo aide or other allied health 
p e rsonn e l the specified type of in-home care provider . Wh e n 
follow up sup e rvisory aotivity is n ee d e d with th e in homo aide 
or othor allied health personnel to address any problems 
identified during the supervisory visit, — follow up will be 
provid e d dir e otly by th e sup e rvising prof e ssional or r e f e rr e d to 
an appropriat e prof e ssional or paraprof e ssional sup e rvisor as 
specified in Paragraphs (a) and (b) in this Rule. 

(fj fe) An appropriate professional conducting supervi s ory 
visits for the in hom e aid e or othor alli e d h e alth p e rsonn e l may 
simultan e ously conduct tho quarterly cas e r e view as requir e d in 
Rule . 1202(c) of this Subchapter. Documentation of supervisory 
visits shall be maintained in the agency's records and shall 
contain, at a minimum: 



ill 



date of visit; 

findings of visit; and 

signature of person performing the visit. 



(g) ff) Documentation of supervisory visits shall bo main 
tam e d in the agency's records. When follow-up corrective 
action is needed for any or all of a specified type of in-home 
care provider based on findings of the supervisory visit, 
documentation of such corrective action by the a ppropriate 
supervisor shall be maintained in the employee(s) or other 
agency record. 

(h) (g) Tho homo care agency must have continuous suporvi 
sion available, on site whore services arc provided when 
necessary , during th e hours that in homo aid e or oth e r alli e d 
h e alth s e rvio e s are provided. An appropriate professional 
conducting a supervisory visit for any and all of a specified type 
of in-home care provider may simultaneously conduct the 
quarterly case review as required in Rule . 1202 of this Subchap- 
ter. 

(i) The appropriate professional shall be continuously 
available for supervision, on-site where services are provided 
when necessary, during the hours that in-home care services are 
provided. 

Statutory Authority G.S. 131E-140. 

.1111 ARRANGEMENTS FOR SERVICES WITH 
OTHER AGENCIES OR INDIVIDUALS 

(a) When a home care agency makes arrangements for 
providing services through other agencies or individuals, or 
where the home care agency contracts with a state or county 
agency to provide licensed home care services, there shall be a 
written agreement, signed by both parties which includes the 
following: 

(1) specific service to be provided; 

(2) period of time the contract is to be in effect; 

(3) availability of services; 

(4) r e sponsibility for developm e nt of th e plan of oare 

prior to notification of th e oliont; 

(4) (5) financial arrangements; 

(5) (6) verification that any individual providing service 
is appropriately licensed or registered as required 
by statute; 

(6) (7-) provision for supervision of contract personnel 
where applicable; 

(7) f&) assurance that individuals providing services 
under contractual arrangements meet the same 
requirements as those specified for home care 
agency personnel; and 

(8) f£) provision for the documentation of services 
rendered in the client's service r e oord. record; 

(9) provision for the sharing of assessment and plan of 
care data; and 

(10) the geographic service area the contractor agrees to 
serve. 

(b) All contract services shall be provided in accordance with 
the client's plan of care. 

(c) The hom e oare agency shall assure that all contract 
services are provided in accordance with the agreement. 
Agreements are to be reviewed and updated, if necessary, on an 
annual basis. 



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July 14, 1995 



653 



PROPOSED RULES 



[dj The agency who is subcontracting its work must maintain 
or produce a complete home care record for the client. 

Statutory Authority G.S. 131E-140. 

.1112 HOME MEDICAL EQUIPMENT AND 
SUPPLIES 

If an agency provides medical supplies and equipment in 
conjunction with home care services as defined in G.S. 13 1 E- 
136(3), the agency shall have policies and procedures governing 
their management. These policies shall address at the miru- 
mum: 



® 

(4. 



set-up, delivery, electrical safety and environmental 

requirements for equipment. 

proper cleaning and storage, preventive maintenance 

and repair according to manufacturer's guidelines. 

transportation, tracking, and recall of equipment to 

meet all applicable regulatory requirements. 

emergency preparedness and backup of systems for 

equipment or power failure. 

client instruction materials for each item of home 

medical equipment or supplies provided. 



Statutory Authority G.S. 13 IE- 140. 



SECTION .1200 



CASE REVIEW AND PLAN 
OF CARE 



.1201 POLICIES 

An A hom e care agency shall have develop and implement 
written policies and procedures for assuring to assure that 
services and items to be provided are specified under a plan of 
care. 

Statutory Authority G.S. 131E-140. 

.1202 CASE REVIEW AND PLAN OF CARE 

(a) The plan of care is shall be established in collaboration 
with the client and incorporated in the service record. The plan 
of care must be reviewed at least every three months by the 
appropriate agency professional and revised as needed based on 
the client's needs. If the client record is thinned, the original 
and updated authorization or orders for care as appropriate shall 
be maintained in die current client's record. If physician orders 
are needed for the services, a home care health professional 
shall notify the physician of any changes in the client's condition 
which indicate indicates the need for altering the plan of care or 
for terminating services. Based upon the findings of the client 
assessment, the plan of care shall include as at a minimum the 
following - 

(1) type of ser%ice<s) required and care to be delivered ; 

(2) frequency of visits or hours and duration of service; 

(3) activity restrictions; 

(4) safety measures; and 

(5) service objectives and goals. 

(b) Where applicable, the plan of care shall include, include 3 
but is not limited to: 



(1) equipment required; 

(2) functional limitations; 

(3) rehabilitation potential: 

(4) diet and nutritional needs; 

(5) medications and treatments; 

(6) specific therapies; 

(7) pertinent diagnoses: and 

(8) prognosis. 

(c) So long as ongoing hands-on care is being provided to a 
client, a registered nurse, social worker or other appropriate 
professional shall visit the client m his their residence at least 
quarterly to assess the client's general condition, progress and 
response to services provided. Documentation of these visits 
shall be maintained in the client's service record. 

(d) If the same professional is assigned responsibility for two 
or more of the following, these functions may be conducted 
during the same home visit: 

(1) quarterly assessment of client's condition and 
response; 

(2) provision of regularly scheduled professional 



services: or 



(3) 



supervision of in-home aide or other allied health 
personnel. 



Statutory Authority G.S. 131E-140. 

SECTION .1300 - PHARMACEUTICALS AND 
MEDICAL TREATMENT ORDERS 

.1301 POLICIES, PROCEDURES AND STAFF 
RESPONSIBILrrY 

If the home care agency administers any pharmaceuticals or 
medical treatments, it shall have develop and implement policies 
and procedures relative to the administration of drugs 
pharmaceuticals and treatments. The policies shall specify staff 
accountability for: 

(1) recognizing side effects; 

(2) recognizing toxic effects; 

(3) recognizing allergic reactions; 

(4) recognizing immediate desired effects; 

(5) recognizing unusual and unexpected effects, 

(6) recognizing changes in the client's condition that 
contraindicates continued administration of the 
medication; 

(7) anticipating those effects which may rapidly endanger 
a client's life or well-being; and 

(8) notifying the physician of any problems. 

Statutory Authority G.S. 131E-140. 

.1302 ORDERS 

(a) Orders for pharmaceuticals and medical treatments or 
orders for in -home aide services when required, shall be signed 
by the physician or other person authorized by State law to 
prescribe such treatments and the original incorporated in the 
client's senice records. Care may commence in the interim 
with evidence of a verbal order. 



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(b) Verba] orders for the administration of pharmacological 
agents and other medical treatment interventions shall be given 
to a licensed nurse, recorded and signed by the person receiving 
it and countersigned by the physician or other person authorized 
by State law to prescribe within two weeks 30 days . 

(c) Verbal orders for allied health services other than nursing 
or in-home aide services when required, shall be given to either 
a licensed nurse or the appropriate health professional, recorded 
in the client record and signed by the person receiving it and 
countersigned by the physician or other person authorized by 
State law to prescribe within two w ee ks 30 days from the time 
given . 

Statutory Authority G.S. 131E-140. 

.1303 STAFF RESPONSIBILITY 

(a) If a homo caro agency administers any pharmacouti ea4s-er 
modioal treatments, ag e noy lio e ns e d nursing otaff ohall b e 
rooponmbl e for ch e cking all medications and shall b e sp e cifically 
accountable for: 

(4} recognizing side offocts; 

(3) recognizing toxio e ff e cts; 

(3) recognizing all e rgio reactions; 

(4) recognizing immediate desired offocts; 

(3) recognizing unusual and unexpected offocts; 

(6) r e oognizing chang e s in th e oli e nt's oondition that 

eontraindioates oontinued administration of the 

medication; 
(7) anticipating those offocts which may rapidly ondan 

g e r a oli e nt'o life or well b e ing; and 

(&) notifying the physician of any probl e ms. 

— (b) Agency licensed nursing 3taff shall instruct the client and 
family members as necessary in following the drug rogimen 
pr e scrib e d by th e physioian or oth e r p e rson authoriz e d by Stat e 
law to pr e scrib e such r e gim e ns. 

Statutory Authority G.S. 13 IE- 140. 

SECTION .1400 - SERVICE RECORDS 

.1401 REQUIREMENT 

(a) The agency shall develop and implement written policies 
governing content and handling of client records. 

(b) {ft) The homo care agency shall maintain a service client 
record for each client receiving services . Each page of the 
client record shall have the client's name. All entries in the 
record shall reflect the actual date of entry. Reference to any 
activity which occurred on a date prior to the date of entry shall 
be identified as a late or out of sequence entry. A system for 
maintaining originals and copies must shall be d e fin e d described 
in the agency policies and procedures. 

(c) The agency shall assure that originals of service client 
records are kept confidential and secure on the licensed 
premises unless in accordance with Rule .0905 of this Subchap- 
ter, or subpoenaed by a court of legal jurisdiction, or to conduct 
an evaluation as required in Rule .1004 of this Subchapter. 

(d) If a record is removed to conduct an evaluation, the 



record shall be returned to the agency premises within five 
working days. The agency shall maintain a sign out log that 
includes to whom the record was released, client's name and 
date removed. 



(e) (d) A copy of the service client record for each client 
rec e iving s e rvio e s must be readily available to the appropriate 
health professional(s) providing services or managing the 
delivery of such services. 

(fj (o) Service Client records shall be retained for a period of 
not less than five years from the date of the most recent 
discharge of the client, unless the client is a minor in which 
case the record must be retained until one year three years after 
the client's 18th birthday. When an agency ceases operation, 
the Department shall be notified in writing where the records 
will be stored for the required retention period. 

Statutory Authority G.S. 13 IE- 140. 

.1402 CONTENT OF RECORD 

(a) If the homo care agency is not providing services to a 
client which require a physician's order, the service record shall 
contain the following information as a minimum: 

(1) Admission data: 

(A) identification data such as name, address, tele- 
phone number, date of birth, sex, marital status, 
social security number; all information essential 
to the identification of the client and a copy of the 
signed client's right's form or documentation of 
its delivery ; 

(B) names of next of kin or legal guardian; 

(C) names of other family members; 

(D) source of referral; and 

(E) assessment of home environment. 

(2) Service data: 

(A) initial assessments by appropriate professional of 
the client's functional status in the areas of social, 
mental, physical health, environmental, eco- 
nomic, activities of daily living and instrumental 
activities of daily living; 

(B) identification of problems, the establishment of 
goals and proposed intervention and indication of 
the client's understanding of and a pproval for 
services to be provided ; 

(C) a record of all services provided, directly and by 
contract, with entries dated and signed by the 
individual providing the service; Records shall 
include dates and times of services provision; 

(D) discharge summary which includes an overall 
summary of services provided by the agency and 
the date and reason for discharge. When specific 
service to a client is terminated and other services 
continue, there shall be documentation of the date 
and reason for terminating the specific service; 
service; and 

(E) evidence of coordination of services when the 
client is receiving more than one home care 
service. 



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(b) If the homo care agency is providing services to a client 
which require a physician's order, the service record shall 
include as at a minimum all of the items described in Paragraph 
(a) of this Rule and the following items: 

(1) Admission data: 

(A) admission and discharge dates from hospital or 
other institution when applicable; and 

(B) names of physician(s) responsible for the client's 
care. 

(2) Service data: 

(A) client's diagnoses; and 

(B) physician's orders for pharmaceuticals and medi- 
cal troatmonta, treatments; and 

(C) If the agency is providing services to a hospital or 
nursing facility patient, the agency's record shall 
include at a minimum the following items: 

(i) referral information; 
(ii) dates and times of services; and 
(iii) documentation of services provided. 



Statutory Authority G.S. 131E-140. 



******************* 



SECTION .0900 - DAY TREATMENT 

FACILITIES FOR INDrVTDUALS WHO 

ARE SUBSTANCE ABUSERS 

.0901 SCOPE 

(a) Day treatment services aro day/night 3orvico3 provided in 
a group s e tting for individuals) with substanc e abuoo probl e ms. 
A day tr e atm e nt facility shall only provid e d e toxifioation 
sorviccfl if the f a cility also moots the rcquiromcnta of 10 NCAC 
1 4 N .0 4 00. 

(b) Day tr e atm e nt io presided for individuals who nood more 
structur e d tr e atm e nt for substanc e abus e than that provid e d by 
outpatient treatment, and may sorvo as an alternative to a 2 4 
hour treatment program. — Day treatment services, other than 
d e toxifioation. — shall — hav e s tructured — programs. — including 
individual, group, and family couns e ling, recreational th e rapy, 
peer group s , s ubstance abuse education, life skills education, 
and continuing care planning. 

f-&) — A cli e nt e nroll e d in a day tr e atm e nt sorvioo shall bo 
provid e d a structured program of tr e atm e nt for a minimum of 
five hours or more per week. — The number of hours per day, 
tho number of days per week, and the number of weeks of 
tr e atm e nt will vary sp e cific to the individual oli e nt'o noodo. 



Notice is hereby given in accordance with G.S. 150B-21.2 
that the Commission for MH/DD/SAS intends to repeal 
rules cited as 10 NCAC 14N .0901 - .0905: 18J .0507 - .0511 ; 
18K.0262 - .0263; 18L .0601 - .0607; 18N .0601 - .0605; 18N 
.0801 - .0709; and 180 .0517- .0524. 

Proposed Effective Date: May 1, 1996. 

Instructions on How to Demand a Public Hearing (must be 
requested in writing within 15 days of notice): Anyone who 
wishes to demand a public hearing should contact Charlotte 
Tucker, Division of Mental Health, Developmental Disabilities 
and Substance Abuse Services, 325 N. Salisbury St. , Raleigh, 
NC 27603, 919-733-4774 by August 14, 1995. 

Reason for Proposed Action: To repeal above-referenced 
rules and to include content in a newly proposed Subcliapter 10 
NCAC 14V, subject to public hearing on Augi4st 7, 1995. 

Comment Procedures: Any interested person may present 
comments by submitting a written statement to Charlotte Tucker, 
Division of MH/DD/SAS, 325 N. Salisbury St., Raleigh, NC 
27603. These comments will be accepted through August 14, 
1995. 

Fiscal Note: Tfwse Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 14 - MENTAL HEALTH: GENERAL 



Statutory Authority G.S. 122C-26; 143B-147. 

.0902 HOURS OF OPERATION FOR THE DAY 
TREATMENT FACILrTY 

Each day treatment facility shall operate at least throe days por 
week, but not fewer than 12 hours per week, 12 months per 

Statutory Authority G.S. 122C-26; 143B-147. 

.0903 STAFF REQUIRED 

fa} — Tho staff of th e day treatm e nt facility shall include a 
minimum of one full time or equivalent certified alcoholism, 
drug abuse or substance abuse counselor for every 16 or fowor 
cl ie nts. 

(b) If th e facility falls b e low th e pr e scribed ratio in Paragraph 
(a) of this Rule, and cannot moot the proscribed ratio by 
employing a counselor who is certified, then it may employ an 
unc e rtified couns e lor as long as thi s individual meets tho 
c e rtification r e quir e m e nts within a maximum of 26 months from 
the date of employment. 

(c) In facilities which provide service s to minors, a minimum 
of two staff m e mb e rs shall b e pr e sent with minor cli e nts at all 
tim e s, and a minimum ratio of on e staff m e mb e r to each eight 
or fewer clients shall be maintained. — In the event that only one 
minor client is in the facility, only one s taff mombcr is required 
to b e pr ese nt. 

Statutory Authority G.S. 122C-26; 143B-147. 



SUBCHAPTER 14N - LICENSURE RULES 
FOR SUBSTANCE ABUSE FACILITIES 



.0904 STAFF TRAINING 

fa-) — Each facility s taff m e mb e r shall hav e a training plan 
completed annually and documented along with documentation 



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of attendance at training events. 

(b) Eaoh faoility Ghall have at least on e otnff memb e r on duty 
train e d in th e following areas: 

{ij oardio pulmonary resuscitation; 

f2) soizuro management; 

0) the H e imlioh man e uv e r or oth e r R e d Cross first aid 

techniques for reli e ving airway obstructions; 

(4) basic first aid; 

{§) alcohol and other drug withdrawal symptoms; 

(6) modioation e ducation and administration; and 

f£) symptoms of secondary complications du e to 

alcoholism and drug addiction. 
(e) — Each direct care staff mombor shall receive continuing 
oduoation to includ e und e rstanding of th e natur e of addiotion, 
th e withdrawal syndrom e , group therapy, family th e rapy and 
other treatment methodologies. 

(d) Each direct care staff mombor in a day treatment facility 
that s e rvos minors shall r e ceiv e sp e cializ e d training in youth 
development and thorap e utio techniques in working with youth. 

Statutory Authority G.S. 122C-26; 143B-147. 

.0905 EMERGENCY MEDICAL SERVICES 

Each facility shall have and implement written procedures for 
handling medical emergencies. Those procedures shall include 
provisions for the following: 

(4-) imm e diato aoooss to a physioian; 

(3) acute caro hospital services; and 

(3) assistance from a local ambulanco sorvico, rescue 

squad, or oth e r train e d m e dioal p e rsonn e l within 20 
minut e s of th e facility. 

Statutory Authority G.S. 122C-26; 143B-147. 

CHAPTER 18 - MENTAL HEALTH: OTHER 
PROGRAMS 

SUBCHAPTER 18J - AREA PROGRAM 
MANAGEMENT STANDARDS 

SECTION .0500 - INTERAGENCY/ 
COMMUNITY RELATIONS 

.0507 SCOPE 

Each area program should establish interagency relationships 
with oth e r local human s e rvio e ag e nci e s, inoluding its contraot 
ag e noi e s, to assure a compr e hensive syst e m of services for 
individuals who are mentally ill, mentally retarded or substance 
abusers. In addition, activities to acquaint the community and 
oth e r ag e noi e s with the needs of, and s e rvio e s for, individuals 
s e rved by the area program is e ss e ntial. The standards in this 
Section apply to area programs only. 

Statutory Authority G.S. 143B-147. 

.0508 CONSULTATION SERVICES 

Each area program shall have the capacity to provide consul 



tation services which shall include caso, program and adminis - 
trativ e consultation to eontraot ag e noi e s and to other s e rvio e 
provid e rs. 

Statutory Authority G.S. 143B-147. 

,0509 PUBLIC INFORMATION AND 
OUTREACH SERVICES 

Eaoh area program shall provide public information and 
outreaoh services whioh shall bo designed to promote oommu 
nit)' awar e ness of s e rvio e s available through th e area program. 

Statutory Authority G.S. 143B-147. 

.0510 AGREEMENT WITH LOCAL SCHOOL 
UNITS 

Each area program shall develop a written agreement with any 
local school administrativ e unit wh e n e duoation related oorvioos 
for childr e n with sp e cial n ee ds ar e jointly provid e d. 

Statutory Authority G.S. 115C-363; 143B-147. 

.0511 DISASTER RELIEF PLANNING 

Each area program shall document efforts to participate in 
local disaster relief planning. 

Statutory Authority G.S. 143B-147. 

SUBCHAPTER 18K - CONTRACT AGENCY 
MANAGEMENT STANDARDS 

SECTION .0200 - FISCAL SERVICES 

.0262 SCOPE 

Th e standards in this S e otion apply to oontraot ag e noi e s only. 

Statutory Authority G.S. 122-35.49; 143B-147. 

.0263 COMPLIANCE WITH DrVlSION 
REGULATIONS 

Each contract agency shall comply with all applicable portions 
of th e Division's rul e s r e lating to fiooal management as oodifiod 
in 10 NCAC HC S e ctions . 1000 and . 1 100 and 10 NCAC HD 
.0006 and contained in Section 25 of the "Area Program 
Budgeting and Procedures Manual" (division publication APSM 
75 1), adopt e d pursuant to G.S. 150B H(o). 

Statutory Authority G.S. 122C-141; 122C-142; 143B-147. 

SUBCHAPTER 18L - PROGRAM COMPONENT 
OPERATIONAL STANDARDS 

SECTION .0600 - CLIENT ELIGD3ILITY 

.0601 SCOPE 

The standards in this Section apply to each component of the 
area program and its contract agencios. 



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Statutory Authority G.S. 143B-147. 

.0602 SCREENING 

(a) — Tho governing body of each component ahull develop 
written policieo establishing a systematic means of screening 
each individual at initial contact by int e rvi e wing th e individual 
to det e rmine th e individual's need for s e rvic e s. 

fb} — Tho policy shall designate who is deemed qualified to 
make screening determination s . 

Statutory Authority G.S. 143B-147. 

.0603 SERVICE PURPOSE AND ELIGIBILITY 
REQUIREMENTS 

Tho governing body shall dev e lop and impl e m e nt writt e n 
policieo that address the purpose for each service provided and 
the client eligibility requirements. 

Statutory Authority G.S. 143B-147. 

.0604 CROSS-REFERENCE TO CLIENT FEE 
FOR SERVICE 

Tho gov e rning body of each component not subj e ct to 
licensure under G.S. 122C. Article 2 shall comply with the 
provisions of 10 NCAC 1 4 K .0309. 

Statutory Authority G.S. 122C-146; 143B-147. 

.0605 GEOGRAPHICAL AREA 

The governing body of e ach compon e nt shall d e v e lop writt e n 
polici e s specifying th e g e ographical areas from which individu 
als will be admitt e d. 

Statutory Authority G.S. 143B-147. 

.0606 WArriNG LISTS 

The governing body of each component shall develop written 
polici e s oonc e ming waiting lists. 

Statutory Authority G.S. J43B-147. 

.0607 EXPLANATION OF PROGRAM RULES 
AND POLICIES 

Each component shall make ita client eligibility rules and 
policies available for review by potential clients, families or 
oth e r int e rest e d individuals or ag e nci e s. 

Statutory Authority G.S. 143B-147. 

SUBCHAPTER 18N - OPTIONAL SERVICES 

FOR INDIVIDUALS OF ALL DISABILITY 

GROUPS 

SECTION .0600 - PERSONAL ASSISTANCE 

.0601 SCOPE 

<*) — Personal assistance is a service which provides aid to a 



client who has mental illness, developmental disabilities or 
substance abuoo so that th e cli e nt can e ngag e in activiti e s and 
interactions from which th e cli e nt would otherwise bo limited o f 
excluded because of a disability or disabilities. — Tho assistance 
includes: 

<4^ assistance in p e rsonal or regular living activities in 

th e client's homo; 

f3} support in skill development; or 

(3) support and accompaniment of the client in regular 

community activities or in specialized treatm e nt. 

habilitation or rehabilitation s e rvio e programs. 

fb} — If these Rules are in conflict with Medicaid rules or 

Medicare regarding Personal Care, and Medicaid or Medicare 

is to b e bill e d, th e n the Medicaid or Medicare rul e s shall 

prevail. 

Statutory Authority G.S. 143B-147. 

.0602 HOUSrNG REVIEW 

(a) When personal assistance for a client includes providing 
service in the client's home, one of the purposes of the service 
is to assess tho saf e ty and sanitation of th e hom e with th e cli e nt. 

fb-) — If th e saf e ty or sanitation is in qu e stion, it shall b e 
brought to the attention of the client and the professional 
responsible for the trcatment^habilitation or case management of 
th e cli e nt, so that th e situation can b e discussed as a part of th e 
r e gular treatm e nt'Tiabilitation or cas e manag e m e nt planning 
process. 

Statutory Authority G.S. 143B-147. 

.0603 STAFF TRAINTNG 

Indi' i iduals who arc employed to provide personal assistance 
shall hav e : 

f4-) at l e ast a high school diploma or its e quival e nt; and 

f2} special training regarding the needs of the specific 

client for whom assistance will bo provided. 

Statutory Authority G.S. 143B-147. 

.0604 SUPERVISION OF STAFF 

(a) P e rsonal assistanc e shall be provid e d und e r th e direction 
of a sup e rvisor who is a qualifi e d prof e ssional as d e fin e d in 10 
NCAC — 1 4 K .0103 and incorporated by reference. — Vm% 
incorporation by reference includes subsequent amendments and 
e ditions of th e ref e renced mat e rial. 

(b) When a specific cli e nt's disability ' - is diff e rent from that 
for which the supervisor is trained, the personal assistance 
employee shall have access to consultation from a qualified 
prof e ssional who is train e d in a disciplin e relat e d to th e cli e nt's 
needs. 

Statutory Authority G.S. 143B-147. 

.0605 EMERGENCY PRECAUTIONS 

Instead of the instructions set forth in 10 NCAC 18L .0805. 
individual s emp l oyed to provide personal assistance shall be 



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specifically informed in oach pergonal assistance arrangement 
regarding oaf e ty precautions and 24 hour e m e rg e ncy proo e 

Statutory Authority G.S. 143B-147. 

SECTION .0700 - SUPERVISED LIVING 

.0701 SCOPE 

(a) Supervised living io a r e sid e ntial oorvioo an defin e d in 10 
NCAC HO .0701. oxoept that th e s e rvio e io provid e d to on e 
adult client. 

(&) — Any rule which is incorporated by reference in this 
Section ohall inoludo oubo e qu e nt am e ndments and e ditions of th e 
rofor e nood mat e rial. 

Statutory Authority G.S. 143B-147. 

.0702 CROSS-REFERENCE TO HOURS 
OF OPERATION 

Each supervised living servioe shall comply with the hours of 
op e ration delineated in 10 NCAC HO .0702. 

Statutory Authority G.S. 143B-147. 

.0703 CROSS-REFERENCE TO STAFF 
REQUIREMENTS 

Each supervised living service shall comply with the staff 
requirements delineated in 10 NCAC 1 4 .070 4 (a) and (b). 

Statutory Authority G.S. 143B-147. 

.0704 SPECIAL STAFFING REQUIREMENTS 

Individuals who provid e s e rvic e s to a cli e nt in a supervised 
living arrang e m e nt shall r e o e iv e training r e l e vant to the needs 
of the client served. 

Statutory Authority G.S. 143B-147. 

.0705 CROSS-REFERENCE TO MEDICAL 
STATEMENT 

Eaoh sup e rvis e d living s e rvio e shall oomply with th e m e dioal 
stat e m e nt requirem e nts d e lin e at e d in 10 NCAC HO .0706. 

Statutory Authority G.S. 143B-147. 

.0706 CROSS-REFERENCE TO SERVICE 
COORDINATION 

Each supervised living service shall comply with the service 
coordination r e quir e m e nts d e lin e at e d in 10 NCAC HO .0707. 

Statutory Authority G.S. 143B-147. 

.0707 CROSS-REFERENCE TO PROGRAM 
ACTIVITIES 

Each supervised living service shall comply with the program 
activities requirements delineated in 10 NCAC 1 4 .0708. 



Statutory Authority G.S. 143B-147. 

.0708 CROSS-REFERENCE TO CLIENT 

TRAFNTNG EM HEALTH AND SAFETY 

Each supervised living service shall comply with the training 
in h e alth and safety requirem e nts d e lin e at e d in 10 NCAC HO 
.0709. 

Statutory Authority G.S. 143B-147. 

.0709 CROSS-REFERENCE TO PARTICIPATION 
OF FAMILY OR OTHERS 

Each supervised living service shall oomply with 10 NCAC 
HO .0710 regarding participation of family or th e l e gally 
r e sponsibl e p e rson. 

Statutory Authority G.S. 143B-147. 

SUBCHAPTER 180 - OPTIONAL SERVICES 

FOR INDrVIDUALS WHO ARE SUBSTANCE 

ABUSERS 

SECTION .0500 - TREATMENT ALTERNATIVES 

STREET CRIMES (TASC) FOR INDrVIDUALS 

WHO ARE SUBSTANCE ABUSERS 

.0517 SCOPE 

(ft) — Treatment alternatives to street crimes (TASC) is a 
support ser v ice designed to offer a supervised community based 
alternativ e to inoaro e ration or pot e ntial inoaro e ration primarily 
to individuals who ar e alcohol or oth e r drug abus e rs but also to 
individuals who are mentally ill or mentally retarded and who 
are involved in crimes of a non violent nature. 

(b) — This servioe provid e s a liaison b e tw ee n th e criminal 
justio e syst e m and aloohol and oth e r drug tr e atm e nt and 
educational services. — It provides screening, identification, 
evaluation, referral and monitoring of aloohol or other drug 
abus e rs for th e criminal justio e syst e m. 

Statutory Authority G.S. 143B-147. 

.0518 POPULATION SERVED 

Eaoh TASC program ohall b e d e sign e d to s e rv e individuals 
who have a documented substance abuse problem and who are 
involved in orimos of a nonviolent nature. 

Statutory Authority G.S. 122C-57; 143B-147. 

.0519 STAFF QUALIFICATIONS 

(a) Eaoh staff member s hall hav e a baooalaur e at e d e gre e in 
e ith e r criminal justio e or human s e rvic e r e lat e d fi e lds or an 
associate in arts degree with four years' experience in criminal 
justice or human servioe related fields. 

(b) TASC personn e l shall reo e iv e continuing e duoation in th e 
following ar e as: 

fH the physiological, sociological and psychological 

correlates of substance abuse; 



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PROPOSED RULES 



01 substance abugo treatment; 

Q) judioial and politioal ioouoo relat e d to oubotano e 

abus e ; and 
(4) substance abuse treatment and rehabilitation re 

sources. 

Statutory Authority G.S. 122C-57; 143B-147. 

.0520 SCREENING AND IDENTIFICATION 

Each TASC program ohall provid e to the criminal justic e 
system ooroening and id e ntification for prospectiv e cli e nts. 

Statutory Authority G.S. 122C-57; 143B-147. 

.0521 EVALUATION 

Bach TASC program shall conduct or secure an assessment 
or evaluation for each prospective client referred from the 
criminal justic e syst e m. 

Statutory Authority G.S. 122C-57; 143B-147. 

.0522 REFERRAL 

Each TASC program ohall ref e r e ach oliont to substanc e abus e 
treatment or to an educational program based on the preliminary 
assessment of his substance abuse dysfunction. 

Statutory Authority G.S. 122C-57; 143B-147. 

.0523 MONITORING/REPORTING 

Each TASC program shall dev e lop and impl e m e nt a monitor - 
ing and r e porting proo e dur e for e aoh cli e nt. 

Statutory Authority G.S. 122C-57; 143B-147. 

.0524 SUCCESS/FAILURE CRITERIA 

Each TASC program shall establish and implement a written 
sot of criteria to measure client success or failure, including 
readmisoion orit e ria. 

Statutory Authority G.S. 122C-57; 143B-147. 

****************** 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the Department of Human Resources/Division of 
Medical Assistance intends to amend rule cited as 10 NCAC 26B 
.0110. 

Proposed Effective Date: October 1, 1995. 

A Public Hearing will be conducted at 1:30 p.m. on August 
15, 1995 at the N.C. Division of Medical Assistance, 1985 
Umstead Drive, Kirby Building, Room 132, Raleigh, NC. 

Reason for Proposed Action: (I) Elimination of the submittal 
of the Ambulance Call Report (ACR)for claims processing of 
ambulance claims. (2) Elimination of the state specific ambu- 



lance claim form to the UB-92 claim form. 

Comment Procedures: Written comments concerning this rule- 
making action must be submitted by August 15, 1995 to: 
Division cf Medical Assistance, 1985 Umstead Drive, Raleigh, 
NC 27603, Attn: Portia Rochelle. APA Coordinator. Oral 
comments may be presented at the hearing. A fiscal note 
statement is available upon written request from the same 
address. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26B - MEDICAL 
ASSISTANCE PROVIDED 

SECTION .0100 - GENERAL 

.0110 AMBULANCE SERVICES 

(a) Reimbursement for ambulance services shall be made 
only for transportation to the nearest appropriate facility 
(hospital, nursing home, or intermediate care facility), doctor's 
office or clinic that provides medical services. 

(b) Services provided by an ambulance provider under the 
Medicaid program must be demonstrated to be medically 
necessary and are subject to limitations described herein. 
Medical necessity is indicated when the patient's condition is 
such that any other means of transportation would endanger the 
patient's health. Ambulance transportation is not considered 
medically necessary when any other means of transportation can 
be safely utilized. 

(c) Emergency ambulance transportation is for the client to 
receive immediate and prompt medical services arising in an 
emergency situation. Emergency transportation to a physicians' 
office is covered only if all the following, conditions are met: 

(1) The patient is enroute to a hospital. 

(2) There is medical need for a professional to stabilize 
the patient's condition. 

(3) The ambulance continues the trip to the hospital 
immediately after stabilization. 

(d) Non-emergency ambulance transportation to and from a 
physician directed office, clinic, or other medical facility in 
which the individual is an inpatient is covered in the following 
situation: 

(1) Medical necessity is indicated when the use of other 
means of transportation is medically contraindicated 
because it would endanger the patient's health. 
This refers to clients who require transport by 
stretcher. 

(2) Client is in need of medical services that cannot be 
provided in the place of residence. 

(3) Return transportation from a facility which has 
capability of providing total care for every aspect of 
injury or disease to a facility which has fewer 
resources to offer highly specialized care. 



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PROPOSED RULES 



fe) — When claiming Medicaid reimbursement, providers of 
ambulance services must submit documentation to show that 
ambulance oorvio e o wore m e dically n e cessary. — At a minimum 
the documentation must include: 

(4} Proper completion of claim form with recipient's 

m e dical condition d e scrib e d in suffici e nt d e tail to 
demonstrate that transportation by any oth e r m e ans 
would be medically inappropriate. 

(2) Legible copy of ambulance call — report which 

indicat e s purpose for transport, tr e atm e nts and 
pati e nt's r e spons e . 

(£) Sufficient description of patient's condition to 

justify — that patient could only — be — moved by 
str e tch e r. 
(e) In order to claim Medicaid reimbursement, providers of 
ambulance services must be able to document that ambulance 
services were medically necessary. 

(1) The UB-92 claim form must describe the recipi- 
ent's medical condition at the time of transport by 
using appropriate condition codes to demonstrate 
that transportation by any other means would be 
medically inappropriate. 

(2) A legible copy of the ambulance call report to 
support the condition codes used must be kept on 
file by the provider for five years which indicates: 

the purpose for transport, 
the treatments, 



(A) 

m 
mi 



the patient's response, and 
the patient's condition that sufficiently justifies 
transport by stretcher was medically necessary. 
(f) Prior approval is required for non-emergency transporta- 
tion for recipients to receive out-of-state services or to return to 
North Carolina or nearest appropriate facility. 

Authority G.S. 108A-25(b); 108A-54; 42 C.F.R. 440.170. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the EHNR - Environmental Management Commission 
intends to amend rules cited as 15 A NCAC 2B .0303. .0308 - 
.0310, .0315 and .0316. 

Proposed Effective Date: November 1. 1995. 

Instructions on How to Demand a Public Hearing (must be 
requested in writing within 15 days of notice): Any person may 
request the Environmental Management Commission conduct a 
public hearing on the proposed reclassification by submitting a 
written request for a public hearing, postmarked no later titan 
July 29. 1995 to Suzanne Hoover, Division of Environmental 
Management, Water Quality Section, P.O. Box 29535, Raleigh, 
NC 27626-0535. The request for the public hearing must 
specify which rule for which the hearing is being requested. 



Reason for Proposed Action: To reclassify surface waters in 
the Little Tennessee, Catawba, Yadkin-Pee Dee, Lumber, and 
Neuse River Basins to protect these waters ' use for primary 
recreational activities and to identify an unnamed tributary in 
the classification listing for the Tar-Pamlico River Basin. 

Comment Procedures: All persons interested in the proposed 
rule amendments are encouraged to submit written comments. 
Comments must be postmarked by August 14, 1995, and 
submitted to Suzanne Hoover, Division of Environmental 
Management, Water Quality Section, P.O. Box 29535, Raleigh, 
NC 27626-0535. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0300 - ASSIGNMENT OF 
STREAM CLASSDJICATIONS 

.0303 LITTLE TENN RIVER BASIN AND 

SAVANNAH RTVER DRAINAGE AREA 

(a) Places where the schedule may be inspected: 

(1) Clerk of Court: 
Clay County 
Graham County 
Jackson County 
Macon County 
Swain County 
Transylvania County 

(2) North Carolina Department of Environment, 
Health, and Natural Resources 

Asheville Regional Office 

Interchange Building 

59 Woodfin Place 

Asheville, North Carolina 
fb) Unnamed Streams. Such streams entering Georgia or 
Tennessee will be classified "C Tr." Such streams in the 
Savannah River drainage area entering South Carolina will be 
classified "B Tr. " 

(c) The Little Tennessee River Basin and Savannah River 
Drainage Area Schedule of Classifications and Water Quality 
Standards was amended effective: 

(1) February 16, 1977; 

(2) March 1, 1977; 

(3) July 13, 1980; 

(4) February 1, 1986; 

(5) October 1, 1987; 

(6) March 1, 1989; 

(7) January 1, 1990; 

(8) July 1, 1990; 

(9) August 1. 1990; 



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661 



PROPOSED RULES 



(10) March 1, 1991; 

(11) August 3, 1992; 

(12) February 1, 1993; 

(13) August 1, 4994r 1994; 

(14) November 1, 1995. 

(d) The Schedule of Classifications of Water Quality Stan- 
dards for the Little Tennessee Basin and Savannah River 
Drainage Area was amended effective March 1, 1989 as 
follows: 

(1) Nantahala River (Index No. 2-57) from source to 
the backwaters of Nantahala Lake and all tributary 
waters were reclassified from Class B-trout, Class 
C-trout and Class C to Class B-trout ORW, Class 
C-trout ORW and Class C ORW. 

(2) Chattooga River (Index No. 3) including Scotsman 
Creek, Overflow Creek, Big Creek, Talley Mill 
Creek and all tributary waters were reclassified 
from Class B-trout, Class C-trout and Class C to 
Class B-trout ORW, Class C-trout ORW and Class 
C ORW and Clear Creek and all tributary waters 
were reclassified from Class C-trout and Class C to 
Class B-trout and Class B. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Little Tennessee River Basin and Savannah 
River Drainage Area was amended effective January 1, 1990 as 
follows: 

(1) North Fork Coweeta Creek (Index No. 2-10-4) and 
Falls Branch (Index No. 2-10-4-1) were reclassified 
from Class C to Class B. 

(2) Bumingtown Creek (Index No. 2-38) was reclassi- 
fied from C-trout to B-trout. 

(0 The Schedule of Classifications and Water Quality 
Standards for the Little Tennessee River Basin and Savannah 
River Drainage Area was amended effective July 1, 1990 by the 
reclassification of Alarka Creek (Index No. 2-69) from source 
to Upper Long Creek (Index No. 2-69-2) including all tributar- 
ies from Classes C and C Tr to Classes C HQW and C Tr 
HQW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Little Tennessee River Basin and Savannah 
River Drainage Area was amended effective March 1, 1991 as 
follows: 

(1) Cartoogechaye Creek [Index Nos. 2-19-(l) and 
2-19-(16)] from Gibson Cove Branch to bridge at 
U.S. Hwy. 23 and 441 and from the bridge at U.S. 
Hwy. 23 and 441 to the Little Tennessee River was 
reclassified from Classes WS-III Tr and C Tr to 
Classes WS-III and B Tr and B Tr respectively. 

(2) Coweeta Creek (Index Nos. 2-10) from its source 
to the Little Tennessee River including all tributar- 
ies except Dryman Fork (Index No. 2-10-3) and 
North Fork Coweeta Creek (Index No. 2-10-4) was 
reclassified from Classes C and C Tr to Classes B 
and B Tr. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Little Tennessee River Basin and Savannah 
River Drainage Area was amended effective August 3, 1992 



with the reclassification of all water supply waters (waters with 
a primary classification of WS-I, WS-II or WS-IU). These 
waters were reclassified to WS-I, WS-II, WS-III, WS-IV or 
WS-V as defined in the revised water supply protection rules, 
(15A NCAC 2B .0100, .0200 and .0300) which became 
effective on August 3, 1992. In some cases, streams with 
primary classifications other than WS were reclassified to a WS 
classification due to their proximity and linkage to water supply 
waters In other cases, waters were reclassified from a WS 
classification to an alternate appropriate primary classification 
after being identified as downstream of a water supply intake or 
identified as not being used for water supply purposes. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Little Tennessee River Basin and Savannah 
River Drainage Area has been amended effective February 1 , 
1993 as follows: 

(1) Bearwallow Creek from its source to 2.3 miles 
upstream of the Toxaway River [Index No. 4-7-(l)] 
was revised to indicate the application of an addi- 
tional management strategy (referencing 15A 
NCAC 2B .0201(d) to protect downstream waters; 
and 

(2) the Tuckaseegee River from its source to Tennessee 
Creek [Index No. 2-79-(0.5)] including all tributar- 
ies was reclassified from Classes WS-HI&B Tr 
HQW, WS-m HQW and WS-DJ to Classes WS-IU 
Tr ORW and WS-IU ORW. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Little Tennessee River Basin and Savannah 
River Drainage Area was amended effective August 1, 1994 
with the reclassification of Deep Creek [Index Nos. 2-79-63-d) 
and 2-79-63-(16)] from its source to the Great Smokey Moun- 
tains National Park Boundary including tributaries from Classes 
C Tr, B Tr and C Tr HQW to Classes WS-II Tr and WS-II Tr 
CA. 

(k) The Schedule of Classifications and Water Quality 
Standards for the Little Tennessee River Basin and Savannah 
River Drainage Area was amended effective November l± 1995 
as follows: 

(1) Deep Creek from the Great Smoky Mountains 
National Park Boundary to the Tuckaseegee River 
[Index no. 2-79-63-(21)l was reclassified from 
Class C Tr to Class B Tr; and 

(2) the Tuckaseegee River from the West Fork 
Tuckaseegee River to Savannah Creek and from 
Macks Town Branch to Cochran Branch [Index 
Nos. 2-79-(24), 2-79-(29.5) and 2-79-(38)l was 
reclassified from Classes WS-III Tr, WS-III Tr CA 
and C to Classes WS-IU&B Tr, WS-III&B Tr CA 
and B. 



Statutory Authority' 
143-2 15. 3(a)(1). 



G.S. 



143-214.1; 



143-215. 1; 



.0308 CATAWBA RIVER BASIN 

(a) Places where the schedules may be inspected: 
(1) Clerk of Court: 



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10:8 



PROPOSED RULES 



Alexander County 
Avery County 
Burke County 
Caldwell County 
Catawba County 
Gaston County 
Iredell County 
Lincoln County 
McDowell County 
Mecklenburg County 
Union County 
Watauga County 
(2) North Carolina Department of Environment, 
Health, and Natural Resources: 

(A) Mooresville Regional Office 
919 North Main Street 
Mooresville, North Carolina 

(B) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 
Asheville, North Carolina 

(b) Unnamed Streams. Such streams entering South Carolina 
are classified "C" 

(c) The Catawba River Basin Schedule of Classifications and 
Water Quality Standards was amended effective: 

(1) March 1, 1977; 

(2) August 12, 1979; 

(3) April 1, 1982; 

(4) January 1, 1985; 

(5) August 1, 1985; 

(6) February 1, 1986; 

(7) March 1, 1989; 

(8) May 1, 1989; 

(9) March 1, 1990; 

(10) August 1, 1990; 

(11) August 3, 1992; 

(12) April 1, 1994; 

(13) July 1, 4995^ 1995; 

(14) November 1, 1995. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
March 1, 1989 as follows: 

(1) Wilson Creek (Index No. 1 1-38-34) and all tribu- 
tary waters were reclassified from Class B-trout 
and Class C-trout to Class B-trout ORW and Class 
C -trout ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
May 1, 1989 as follows: 

(1) Henry Fork [Index Nos. 11-129-1-(1) and 
ll-129-l-(2)] from source to Laurel Creek, includ- 
ing all tributaries, were reclassified from Class 
WS-I, C and C trout to Class WS-I ORW, C ORW 
and C trout ORW, except Ivy Creek and Rock 
Creek which will remain Class C trout and Class 
C. 

(2) Jacob Fork [Index Nos. ll-129-2-(l) and 



1 1-129-2-(4)] from source to Camp Creek, includ- 
ing all tributaries, were reclassified from Class 
WS-ffl trout and WS-ffl to WS-ffl trout ORW and 
ws-m ORW. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
March 1, 1990 as follows: 

(1) Upper Creek [Index No. ll-35-2-(l)] from source 
to Timbered Branch including all tributaries except 
Timbered Branch (Index No. 11-35-2-9) was 
reclassified from Class C Trout to Class C Trout 
ORW. 

(2) Steels Creek [Index No. 11-35-2-12(1)] from 
source to Little Fork and all tributaries was reclas- 
sified from Class C Trout to Class C Trout ORW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I, WS-D or 
WS-ni). These waters were reclassified to WS-I, WS-D, WS- 
m, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) 
which became effective on August 3, 1992. In some cases, 
streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of a 
water supply intake or identified as not being used for water 
supply purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
April 1, 1994 as follows: 

(1) Friday Lake (Index No. 11-125.5) from its source 
to Little Paw Creek was reclassified from Class C 
to Class B. 

(2) The Linville River [Index No. 12-29-(l)] from 
Grandmother Creek to Linville Falls was reclassi- 
fied from Class C Tr to Class B Tr. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
July 1, 1995 with the reclassification of Clark Creek from a 
point 0.6 mile downstream of Catawba County SR 2014 to 0.4 
mile upstream of Larkard Creek [Index No. ll-129-5-(4.5)], 
and Howards Creek from its source to 0.7 mile upstream of 
Lincoln County State Road 1200 [Index No. 11-129^], 
including associated tributaries from Class WS-IV to Classes C 
and WS-IV. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
November L. 1995 with the reclassification of the Catawba 
River (Lake Hickory) from Rhodhiss dam to highway 321 
rindex No. 1 H51 fl from Class WS-IV CA to Class WS-IV&B 
CA. 



Statutory Authority 
143-21 5. 3(a)(1). 



G.S. 143-214.1; 143-215.1; 



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July 14, 1995 



663 



PROPOSED RULES 



.0309 YADKIN-PEE DEE RIYTiR BASIN 

(a) Places where the schedule may be inspected: 

(1) Clerk of Court: 
Alexander Count}, 
Anson County 
Cabarrus Count)' 
Caldwell County 
Davidson County 
Davie County 
Forsyth County 
Guilford County 
Iredell County 
Mecklenburg Counts 
Montgomery County 
Randolph County 
Richmond Counts' 
Rowan County 
Stanly Count)' 
Stokes Counts 
Surry County 
Union County 
Watauga County 
Wilkes County 
Yadkin Count)' 

(2) North Carolina Department of Environment, 
Health, and Natural Resources: 

(A) Mooresville Regional Office 
919 North Main Street 
Mooresville. North Carolina 

(B) Winston-Salem Regional Office 

8025 North Point Boulevard, Suite 100 
Winston-Salem, North Carolina 

(C) Fayettesille Regional Office 
Wachovia Building 

Suite 714 

Fayettesille. North Carolina 

(D) Asheville Regional Office 
Interchange Building 

59 Woodfih Place 
Asheville, North Carolina 

(b) Unnamed Streams. Such streams entering Virginia are 
classified "C," and such streams entering South Carolina are 
classified "C". 

(c) The Yadkin-Pee Dee Riser Basin Schedule of Classifica- 
tions and Water Quality Standards was amended effective: 

(1) February 12. 1979; 

(2) March 1, 1983: 

(3) August 1. 1985; 

(4) February 1. 1986; 

(5) October 1, 1988; 

(6) March 1. 1989; 

(7) January 1. 1990: 

(8) August 1, 1990; 

(9) January 1, 1992; 

(10) April 1, 1992; 

(11) August 3. 1992: 



(12) December 1. 1992: 

(13) April 1, 1993: 

(14) September 1. 1994; 

(15) August 1. 4995r 1995; 

(16) Nosember 1. 1995. 

(d) The Schedule of Classifications and Water Quality 
Standard for the Yadkin-Pee Dee Riser Basin has been amended 
effective October 1. 1988 as follows: 

(1) Mitchell River [Index No. 12-62-U)] from source 
to mouth of Christian Creek (North Fork Mitchell 
Riser) including all tributaries has been reclassified 
from Class B Tr to Class B Tr ORW. 

(2) Mitchell River [Index No. 12-62-<7)] from mouth 
of Christian Creek (North Fork Mitchell Ris-er) to 
Surry Count)' SR 1315 including all tributaries has 
been classified from Class C Tr to C Tr ORW. 
except Christian Creek and Robertson Creek which 
will be reclassified from Class B Tr to Class B Tr 
ORW. 

(3) Mitchell River [Index No. 12-62-(12)] from Surry 
Count)' SR 1315 to mouth of South Fork Mitchell 
Riser including all tributaries from Class C to Class 
C ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin was amended 
effective March 1. 1989 as follows: 

(1) Elk Creek [Index Nos. 12-24-U) and 12-24-(10)] 
and all tributary waters were reclassified from 
Class B-trout. Class C-trout and Class B to Class 
B-trout ORW, Class C-trout ORW and Class B 
ORW. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee Riser Basin was amended 
effective January 1. 1990 as follows: Barnes Creek (Index No. 
13-2-18) was reclassified from Class C to Class C ORW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee Ris-er Basin has been 
amended effective January 1, 1992 as follows: 

( 1 ) Little River [Index Nos. 13-25-(10) and 13-25-{19)] 
from Suggs Creek to Densons Creek has been 
reclassified from Classes WS-1TI and C to Classes 
WS-ffl HQW and C HQW. 

(2) Densons Creek [Index No. 13-25-20-(l)] from its 
source to Troy's Water Supply Intake including all 
tributaries has been reclassified from Class WS-HJ 
to Class WS-m HQW. 

(3) Bridgers Creek (Index No. 13-25-24) from its 
source to the Little Riser has been reclassified from 
Class C to Class C HQW. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee Riser Basin was amended 
effective April 1. 1992 with the reclassification of the North 
Prong South Fork Mitchell Riser from Class C to Class C 
Trout. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee Riser was amended effective 
August 3, 1992 with the reclassification of all water supply 



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10:8 



PROPOSED RULES 



waters (waters with a primary classification of WS-I, WS-II or 
WS-ffl). These waters were reclassified to WS-I, WS-II, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) 
which became effective on August 3, 1992. In some cases, 
streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of a 
water supply intake or identified as not being used for water 
supply purposes. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin has been 
amended effective December 1, 1992 as follows: 

(1) Pike Creek (Index No. 12-46-1-2) was reclassified 
from Class C Tr to Class C Tr HQW; 

(2) Basin Creek (Index No. 12-46-2-2) was reclassified 
from Class C Tr to Class C Tr ORW; 

(3) Bullhead Creek (Index No. 12-46A-2) was reclassi- 
fied from Class C Tr to Class C Tr ORW; 

(4) Rich Mountain Creek (Index No. 12-46-4-2-2) was 
reclassified from Class Tr to Class C Tr ORW; and 

(5) Widows Creek (Index No. 12-46-4-4) was reclassi- 
fied from Class C Tr HQW to Class C Tr ORW. 

(k) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin has been 
amended effective September 1, 1994 as follows: 

(1) Lanes Creek [Index Nos 13-17-40-(l) and 13-17- 
40-(10.5)] from its source to the Marshville water 
supply dam including tributaries was reclassified 
from Classes WS-II and WS-II CA to Class WS-V. 

(2) The South Yadkin River [Index Nos. 12-108-(9.7) 
and 12-108-(15.5)] from Iredell County SR 1892 to 
a point 0.7 mile upstream of the mouth of Hunting 
Creek including associated tributaries was reclassi- 
fied from Classes WS-V, C and WSTV to Classes 
WS-V, WS-IV, C and WS-IV CA. 

(3) The Yadkin River [Index Nos. 12-(53) and 12-(71)] 
from a point 0.3 mile upstream of the mouth of 
Elkin Creek (River) to the Town of King water 
supply intake including associated tributaries was 
reclassified from Classes C and WS-IV to Classes 
WS-IV and WS-IV CA. 

(4) The Yadkin River [Index Nos. 12-(80.5), 12-(81.5) 
and 12-(84.5)] from the Town of King water 
supply intake to the Davie County water supply 
intake reclassified from Classes C, B, WSTV and 
WS-V to Classes WS-IV, WS-IV&B and WS-IV 
CA. 

(1) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin has been 
amended effective August 1, 1995 as follows: Bear Creek 
[Index Nos. 12-108-18-(3), 12-108-18-(3.3)], Little Bear Creek 
[Index No. 12-108-18-2], and Blue Branch [Index No. 12-108- 
18-2-1] were reclassified from WS-II and WS-II CA (Critical 
Area) to C and WS-IV. 



(m) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin was amended 
effective November L. 1995 with the identification of an 
unnamed tributary with three segments: from its source to the 
backwaters of Burner Mill Pond [Index No. 1 2-79. 5-( 1)1 
classified as WS-IV; Burner Mill Pond flndex No. 12-79.5(2)1 
classified as WS-PV&B; and from the dam at Burner Mill Pond 
to the Yadkin River flndex No. 12-79.5(3)1 classified as WS- 
IV. 



Statutory Authority 
143-21 5. 3 (a)(1). 



G.S. 143-214.1; 143-215.1; 



,0310 LUMBER RIVER BASIN 

(a) Places where the schedule may be inspected: 

(1) Clerk of Court: 
Bladen County 
Brunswick County 
Columbus County 
Cumberland County 
Hoke County 
Montgomery County 
Moore County 
Richmond County 
Robeson County 
Scotland County 

(2) North Carolina Department of Environment, 
Health, and Natural Resources: 

(A) Fayetteville Regional Office 
Wachovia Building 

Suite 714 

Fayetteville, North Carolina 

(B) Wilmington Regional Office 
127 Cardinal Drive Extension 
Wilmington, North Carolina 

(b) Unnamed Streams. Such streams entering South Carolina 
are classified "C Sw". 

(c) The Lumber River Basin Schedule of Classification and 
Water Quality Standards was amended effective: 

(1) March 1, 1977; 

(2) December 13, 1979; 

(3) September 14, 1980; 

(4) April 12, 1981; 

(5) April 1, 1982; 

(6) February 1, 1986; 

(7) July 1. 1990; 

(8) August 1, 1990; 

(9) August 3, 4993t 1992; 
(10) November 1, 1995. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Lumber River Basin was amended effective 
July 1, 1990 by the reclassification of Naked Creek (Index No. 
14-2-6) from source to Drowning Creek including all tributaries 
from Class WS-ffl to Class WS-ffl ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Lumber River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 



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665 



PROPOSED RULES 



waters (waters with a primary classification of WS-I, WS-D or 
WS-UD. These waters were reclassified to WS-I, WS-D, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) 
which became effective on August 3, 1992. In some cases. 
streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of a 
water supply intake or identified as not being used for water 
supply purposes. 

(jQ The Schedule of Classifications and Water Quality 
Standards for the Lumber River Basin was amended effective 
November 1, 1995 by the reclassification of the Lumber River 
from 2.0 miles upstream of highway 401 to a point 0.5 mile 
upstream of Powell Branch [Index Nos. 14-(3), 14-(4), 14- 
(4.5),14-(7) and 14-( 10.3)1 from Classes WS-IV Sw HQW, 
WS-IV Sw HOW CA and C Sw HQW to Classes WS-IV&B 
Sw HOW, WS-IV&B Sw HOW CA and B Sw HQW. 

Statutory Authority G.S. 143-214.1; 143-215.1; 
143-215. 3(a)(1). 

.0315 NEUSE RIVER BASIN 

(a) Places where the schedule may be inspected: 

(1) Clerk of Court: 
Beaufort County 
Carteret County 
Craven County 
Durham County 
Franklin County 
Granville County 
Greene County 
Johnston County 
Jones County 
Lenoir County 
Nash County 
Orange County 
Pamlico County 
Person County 
Pitt County 
Wake County 
Wayne County 
Wilson County 

(2) North Carolina Department of Environment, 
Health, and Natural Resources: 

(A) Raleigh Regional Office 
3800 Barrett Drive 
Raleigh, North Carolina 

(B) Washington Regional Office 
1424 Carolina Avenue 
Washington, North Carolina 

(C) Wilmington Regional Office 
127 Cardinal Drive 
Wilmington, North Carolina 

fb) The Neuse River Basin Schedule of Classification and 



Water Quality Standards was amended effective: 

(1) March 1, 1977; 

(2) December 13, 1979; 

(3) September 14, 1980; 

(4) August 9, 1981; 

(5) January 1, 1982; 

(6) April 1, 1982; 

(7) December 1, 1983; 

(8) January 1, 1985; 

(9) August 1, 1985; 

(10) February 1, 1986; 

(11) May 1, 1988; 

(12) July 1, 1988; 

(13) October 1, 1988; 

(14) January 1, 1990; 

(15) August 1, 1990; 

(16) December 1, 1990; 

(17) July 1, 1991; 

(18) August 3, 1992; 

(19) April 1, 4994r 1994; 

(20) November 1, 1995. 

(c) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin has been amended effective 
July 1, 1988 as follows: 

(1) Smith Creek [Index No. 27-23-(l)] from source to 
the dam at Wake Forest Reservoir has been reclas- 
sified from Class WS-ffl to WS-I. 

(2) Little River [Index No. 27-57-(l)] from source to 
the N.C. Hwy. 97 Bridge near Zebulon including 
all tributaries has been reclassified from Class 
ws-m to WS-I. 

(3) An unnamed tributary to Buffalo Creek just up- 
stream of Robertson's Pond in Wake County from 
source to Buffalo Creek including Leo's Pond has 
been reclassified from Class C to B. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin has been amended effective 
October 1, 1988 as follows: 

(1) Walnut Creek (Lake Johnson, Lake Raleigh) [Index 
No. 27-34-(l)]. Lake Johnson and Lake Raleigh 
have been reclassified from Class WS-UI to Class 

ws-in & b. 

(2) Haw Creek (Camp Charles Lake) (Index No. 
27-86-3-7) from the backwaters of Camp Charles 
Lake to dam at Camp Charles Lake has been 
reclassified from Class C to Class B. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin has been amended effective 
January 1, 1990 as follows: 

( 1 ) Neuse-Southeast Pamlico Sound ORW Area which 
includes all waters within a line beginning at the 
southwest tip of Ocracoke Island, and extending 
north west along the Tar-Pamlico River Basin and 
Neuse River Basin boundary line to Lat. 35 degrees 
06' 30", thence in a southwest direction to Ship 
Point and all tributaries, were reclassified from 
Class SA NSW to Class SA NSW ORW. 



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PROPOSED RULES 



(2) Core Sound (Index No. 27-149) from northeastern 
limit of White Oak River Basin (a line from Hall 
Point to Drum Inlet) to Pamlico Sound and all 
tributaries, except Thorofare, John Day Ditch were 
reclassified from Class SA NSW to Class SA NSW 
ORW. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
December 1, 1990 with the reclassification of the following 
waters as described in (1) through (3) of this Paragraph. 

(1) Northwest Creek from its source to the Neuse 
River (Index No. 27-105) from Class SC Sw NSW 
to Class SB Sw NSW; 

(2) Upper Broad Creek [Index No. 27-106-(7)] from 
Pamlico County SR 1 103 at Lees Landing to the 
Neuse River from Class SC Sw NSW to Class SB 
Sw NSW; and 

(3) Goose Creek [Index No. 27- 107 -(1 1)] from Wood 
Landing to the Neuse River from Class SC Sw 
NSW to Class SB Sw NSW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective July 
1, 1991 with the reclassification of the Bay River [Index No. 
27-150-(l)] within a line running from Flea Point to the 
Hammock, east to a line running from Bell Point to Darby 
Point, including Harper Creek, Tempe Gut, Moore Creek and 
Newton Creek, and excluding that portion of the Bay River 
landward of a line running from Poorhouse Point to Darby 
Point from Classes SC Sw NSW and SC Sw NSW HQW to 
Class SA NSW. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I. WS-I] or 
WS-UT). These waters were reclassified to WS-I, WS-D, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) 
which became effective on August 3, 1992. In some cases, 
streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of a 
water supply intake or identified as not being used for water 
supply purposes. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
April 1, 1994 as follows: 

(1) Lake Crabtree [Index No. 27-33-(l)] was reclassi- 
fied from Class C NSW to Class B NSW. 

(2) The Eno River from Orange County State Road 
1561 to Durham County State Road 1003 [Index 
No. 27-10-06)] was reclassified from Class WS-IV 
NSW to Class WS-IV&B NSW. 

(3) Silver Lake (Index No. 21-A3-5) was reclassified 
from Class WS-ffl NSW to Class WS-HI&B NSW. 

(j) The Schedule of Classifications and Water Quality 



Standards for the Neuse River Basin was amended effective 
November f, 1995 with the reclassification of an unnamed 
tributary to Hannah Creek (Tuckers Lake) [Index No. 27-52-6- 
0.51 from Class C NSW to Class B NSW. 



Statutory Authority 
143-2 15. 3(a)(1). 



G.S. 143-214.1; 143-215.1; 



.0316 TAR-PAMLICO RIVER BASIN 

(a) Places where the schedule may be inspected: 

(1) Clerk of Court: 
Beaufort County 
Dare County 
Edgecombe County 
Franklin County 
Granville County 
Halifax County 
Hyde County 
Martin County 
Nash County 
Pamlico County 
Person County 
Pitt County 
Vance County 
Warren County 
Washington County 
Wilson County 

(2) North Carolina Department of Environment, 
Health, and Natural Resources: 

(A) Raleigh Regional Office 
3800 Barrett Drive 
Raleigh, North Carolina 

(B) Washington Regional Office 
1424 Carolina Avenue 
Washington, North Carolina 

(b) Unnamed Streams. All drainage canals not noted in the 
schedule are classified "C Sw," except the main drainage canals 
to Pamlico Sound and its bays which will be classified "SC." 

(c) The Tar-Pamlico River Basin Schedule of Classification 
and Water Quality Standards was amended effective: 

(1) March 1, 1977; 

(2) November 1, 1978; 

(3) June 8, 1980; 

(4) October 1, 1983; 

(5) June 1, 1984; 

(6) August 1, 1985; 

(7) February 1, 1986; 

(8) August 1, 1988; 

(9) January 1, 1990; 

(10) August 1, 1990; 

(11) August 3, 1992; 

(12) April 1, 4994r 1994; 

(13) November 1, 1995. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin has been amended 
effective August 1, 1988 as follows: 

(1) Tar River (Index No. 28-94) from a point 1.2 miles 



10:8 



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July 14, 1995 



667 



PROPOSED RULES 



downstream of Broad Run to the upstream side of 
Tranters Creek from Class C to Class B. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin has been amended 
effective January 1, 1990 by the reclassification of Pamlico 
River and Pamlico Sound [Index No. 29-(27)] which includes 
all waters within a line beginning at Juniper Bay Point and 
running due south to Lat. 35° 18' 00", long. 76° 13' 20", 
thence due west to lat. 35° 18' 00", long 76° 20' 00", thence 
northwest to Shell Point and including Shell Bay, Swanquarter 
and Juniper Bays and their tributaries, but excluding the 
Blowout, Hydeland Canal, Juniper Canal and Quarter Canal 
were reclassified from Class SA and SC to SA ORW and SC 
ORW. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin has been amended 
effective January 1, 1990 by adding the supplemental classifica- 
tion NSW (Nutrient Sensitive Waters) to all waters in the basin 
from source to a line across Pamlico River from Roos Point to 
Persimmon Tree Point. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin was amended 
effective August 3, 1992 with the reclassification of all water 
supply waters (waters with a primary classification of WS-I, 
WS-II or WS-m). These waters were reclassified to WS-I, 
WS-II, WS-IJJ, WS-IV or WS-V as defined in the revised water 
supply protection rules, (15A NCAC 2B .0100, .0200 and 
.0300) which became effective on August 3, 1992. In some 
cases, streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of a 
water supply intake or identified as not being used for water 
supply purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin was amended 
effective April 1, 1994 with the reclassification of Blounts 
Creek from Herring Run to Blounts Bay [Index No. 29-9-1 -(3)] 
from Class SC NSW to Class SB NSW. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin was amended 
effective November h, 1995 with the addition of Huddles Cut 
(previously unnamed in the schedule) classified as SC NSW 
with and Index No. of 29-25.5. 



Statutory Authority 
143-2 15. 3 (a)(1). 



G.S. 143-214.1; 143-215.1; 



Notice is hereby given in accordance with G.S. 150B-21.2 
that the EHNR - Environmental Management Commission 
intends to amend rule cited as 15 A NCAC 2B .0308. 

Proposed Effective Date: February 1. 1996. 



A Public Hearing will be conducted at 7:00 p.m. on Septem- 
ber 7, 1995 at the McDowell County Admin. Bldg. , 10 East 
Court Street, Marion, NC. 

Reason for Proposed Action: To reclassify surface waters in 
tlte Catawba River Basin to protect their primary recreational 



Comment Procedures: Comments, statements, data and other 
information can be submitted in writing prior to, during or after 
the hearing but no later than October 7, 1995. Verbal com- 
ments may be presented at the public hearing. The Hearing 
Officer may limit the length of time that you may speak so that 
all those who wish to speak may have an opportunity to do so. 
Written comments should be submitted to Suzanne Hoover, 
Division of Environmental Management, P. O. Box 29535, 
Raleigh, NC 27626-0535. 

Fiscal Note: 77iLs- Rule does not affect the expenditures or 
revenues of local government or state funds. 

SECTION .0300 - ASSIGNMENT OF 
STREAM CLASSIFICATIONS 

.0308 CATAWBA RTVER BASIN 

(a) Places where the schedules may be inspected: 

(1) Clerk of Court: 
Alexander County 
Avery County 
Burke County 
Caldwell County 
Catawba County 
Gaston County 
Iredell County 
Lincoln County 
McDowell County 
Mecklenburg County 
Union County 
Watauga County 

(2) North Carolina Department of Environment, 
Health, and Natural Resources: 

(A) Mooresville Regional Office 
919 North Main Street 
Mooresville, North Carolina 

(B) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 
Asheville, North Carolina 

(b) Unnamed Streams. Such streams entering South Carolina 
are classified "C". 

(c) The Catawba River Basin Schedule of Classifications and 
Water Quality Standards was amended effective: 

(1) March 1, 1977: 

(2) August 12, 1979; 

(3) April 1, 1982; 

(4) January 1, 1985; 

(5) August 1, 1985; 



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10:8 



PROPOSED RULES 



(6) February 1. 1986; 

(7) March 1, 1989; 

(8) May 1, 1989; 

(9) March 1, 1990; 

(10) August 1, 1990; 

(11) August 3, 1992; 

(12) April 1, 1994; 

(13) July 1,4995. 1995; 

(14) November 1, 1995; 

(15) February 1, 1996. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
March 1, 1989 as follows: 

(1) Wilson Creek (Index No. 11-38-34) and all tribu- 
tary waters were reclassified from Class B-trout 
and Class C-trout to Class B-trout ORW and Class 
C-trout ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
May 1, 1989 as follows: 

(1) Henry Fork [Index Nos. 11-129-1-0) and 
1 1-129-H2)] from source to Laurel Creek, includ- 
ing all tributaries, were reclassified from Class 
WS-I, C and C trout to Class WS-I ORW, C ORW 
and C trout ORW, except Ivy Creek and Rock 
Creek which will remain Class C trout and Class 
C. 

(2) Jacob Fork [Index Nos. ll-129-2-(l) and 
1 1-129-2-{4)] from source to Camp Creek, includ- 
ing all tributaries, were reclassified from Class 
WS-m trout and WS-ffl to WS-ffl trout ORW and 

ws-m ORW. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
March 1, 1990 as follows: 

(1) Upper Creek [Index No. 1 l-35-2-(l)] from source 
to Timbered Branch including all tributaries except 
Timbered Branch (Index No, 11-35-2-9) was 
reclassified from Class C Trout to Class C Trout 
ORW. 

(2) Steels Creek [Index No. 11-35-2-12(1)] from 
source to Little Fork and all tributaries was reclas- 
sified from Class C Trout to Class C Trout ORW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I, WS-U or 
WS-UJ). These waters were reclassified to WS-I, WS-U, WS- 
HI, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) 
which became effective on August 3, 1992. In some cases, 
streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of a 
water supply intake or identified as not being used for water 



supply purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
April 1, 1994 as follows: 

(1) Friday Lake (Index No. 1 1-125.5) from its source 
to Little Paw Creek was reclassified from Class C 
to Class B. 

(2) The Linville River [Index No. 12-29-(l)] from 
Grandmother Creek to Linville Falls was reclassi- 
fied from Class C Tr to Class B Tr. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
July 1, 1995 with the reclassification of Clark Creek from a 
point 0.6 mile downstream of Catawba County SR 2014 to 0.4 
mile upstream of Larkard Creek [Index No. ll-129-5-(4.5)], 
and Howards Creek from its source to 0.7 mile upstream of 
Lincoln County State Road 1200 [Index No. 11-129-*], 
including associated tributaries from Class WS-IV to Classes C 
and WS-IV. 

(J) Note: Paragraph (J) is proposed in another rulemaking 
notice also published in this Issue. 

(k) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
February \± 1996 with the reclassification of the North Fork 
Catawba River Rndex No. 11-24-0)1 from Laurel Branch to 
Armstrong Creek from Class C Tr to Class B Tr 



Statutory Authority 
143-2 15. 3(a)(1). 



G.S. 



143-214. 1; 143-215. 1; 



****************** 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the EHNR - Environmental Management Commission 
intends to amend rule cited as 15 A NCAC 2B .0315. 

Proposed Effective Date: February 1, 1996. 

A Public Hearing will be conducted at 7:00 p. m. on Septem- 
ber 11, 1995 at the Craven County Courthouse, Superior 
Courtroom. 302 Broad Street, New Bern, NC 

Reason for Proposed Action: To reclassify surface waters in 
the Neuse River Basin to protect the waters ' use for primary 
recreational activities. 

Comment Procedures: Comments, statements, data and other 
information can be submitted in writing prior to, during or after 
the hearing but no later than October 11, 1995. Verbal 
comments may be presented at the public hearing. The Hearing 
Officer may limit the length of time that you may speak so that 
all those who wish to speak may have an opportunity to do so. 
Written comments should be submitted to Suzanne Hoover, 
Division of Environmental Management, P. O. Box 29535, 
Raleigh, NC 27626-0535. 

Fiscal Note: This Rule does not affect the expenditures or 



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July 14, 1995 



669 



PROPOSED RULES 



revenues of local government or state funds. 

SECTION .0300 - ASSIGNMENT OF 
STREAM CLASSIFICATIONS 

.0315 NEUSE RIVER BASIN 

(a) Places where the schedule may be inspected: 

(1) Clerk of Court: 
Beaufort County 
Carteret County 
Craven County 
Durham County 
Franklin County 
Granville County 
Greene County 
Johnston County 
Jones County 
Lenoir County 
Nash County 
Orange County 
Pamlico County 
Person County 
Pitt County 
Wake County 
Wayne County 
Wilson County 

(2) North Carolina Department of Environment, 
Health, and Natural Resources: 

(A) Raleigh Regional Office 
3800 Barrett Drive 
Raleigh, North Carolina 

(B) Washington Regional Office 
1424 Carolina Avenue 
Washington, North Carolina 

(C) Wilmington Regional Office 
127 Cardinal Drive 
Wilmington, North Carolina 

(b) The Neuse River Basin Schedule of Classification and 
Water Quality Standards was amended effective: 

(1) March 1, 1977; 

(2) December 13, 1979; 

(3) September 14, 1980: 

(4) August 9, 1981; 

(5) January 1, 1982; 

(6) April 1, 1982; 

(7) December 1, 1983; 

(8) January 1. 1985; 

(9) August 1, 1985; 

(10) February 1. 1986; 

(11) May 1, 1988; 

(12) July 1, 1988; 

(13) October 1. 1988; 

(14) January 1, 1990; 

(15) August 1. 1990; 

(16) December 1, 1990; 

(17) July 1, 1991; 

(18) August 3, 1992; 



(19) April 1, 4994t 1994; 

(20) November 1, 1995; 

(21) February 1, 1996. 

(c) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin has been amended effective 
July 1, 1988 as follows: 

(1) Smith Creek [Index No. 27-23-0)] from source to 
the dam at Wake Forest Reservoir has been reclas- 
sified from Class WS-ffl to WS-I. 

(2) Little River [Index No. 27-57-(l)] from source to 
the N.C. Hwy. 97 Bridge near Zebulon including 
all tributaries has been reclassified from Class 
WS-IJJ to WS-I. 

(3) An unnamed tributary to Buffalo Creek just up- 
stream of Robertson's Pond in Wake County from 
source to Buffalo Creek including Leo's Pond has 
been reclassified from Class C to B. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin has been amended effective 
October 1. 1988 as follows: 

(1) Walnut Creek (Lake Johnson, Lake Raleigh) [Index 
No. 27-34-(l)]. Lake Johnson and Lake Raleigh 
have been reclassified from Class WSTII to Class 

ws-m & b. 

(2) Haw Creek (Camp Charles Lake) (Index No. 
27-86-3-7) from the backwaters of Camp Charles 
Lake to dam at Camp Charles Lake has been 
reclassified from Class C to Class B. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin has been amended effective 
January 1, 1990 as follows: 

( 1 ) Neuse-Southeast Pamlico Sound ORW Area which 
includes all waters within a line beginning at the 
southwest tip of Ocracoke Island, and extending 
north west along the Tar-Pamlico River Basin and 
Neuse River Basin boundary line to Lat. 35 degrees 
06' 30". thence in a southwest direction to Ship 
Point and all tributaries, were reclassified from 
Class SA NSW to Class SA NSW ORW. 

(2) Core Sound (Index No 27-149) from northeastern 
limit of White Oak River Basin (a line from Hall 
Point to Drum Inlet) to Pamlico Sound and all 
tributaries, except Thorofare, John Day Ditch were 
reclassified from Class SA NSW to Class SA NSW 
ORW. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
December 1, 1990 with the reclassification of the following 
waters as described in (1 ) through (3) of this Paragraph. 

(1) Northwest Creek from its source to the Neuse 
River (Index No. 27-105) from Class SC Sw NSW 
to Class SB Sw NSW; 

(2) Upper Broad Creek [Index No. 27-106-(7)] from 
Pamlico County SR 1 103 at Lees Landing to the 
Neuse River from Class SC Sw NSW to Class SB 
Sw NSW; and 

(3) Goose Creek [Index No. 27-107-( 1 1)] from Wood 



670 



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July 14, 1995 



10:8 



PROPOSED RULES 



Landing to the Neuse River from Class SC Sw 
NSW to Class SB Sw NSW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective July 
1, 1991 with the reclassification of the Bay River [Index No. 
27-150-(l)] within a line running from Flea Point to the 
Hammock, east to a line running from Bell Point to Darby 
Point, including Harper Creek, Tempe Gut, Moore Creek and 
Newton Creek, and excluding that portion of the Bay River 
landward of a line running from Poorhouse Point to Darby 
Point from Classes SC Sw NSW and SC Sw NSW HQW to 
Class SA NSW. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I, WS-II or 
WS-UI). These waters were reclassified to WS-I, WS-II, WS- 
m, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) 
which became effective on August 3, 1992. In some cases, 
streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of a 
water supply intake or identified as not being used for water 
supply purposes. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
April 1, 1994 as follows: 

(1) Lake Crabtree [Index No. 27-33-0)] was reclassi- 
fied from Class C NSW to Class B NSW. 

(2) The Eno River from Orange County State Road 
1561 to Durham County State Road 1003 [Index 
No. 27-10-06)] was reclassified from Class WS-IV 
NSW to Class WS-IV&B NSW 

(3) Silver Lake (Index No. 27-43-5) was reclassified 
from Class WS-UI NSW to Class WS-III&B NSW. 

(j) Note: Paragraph (j) is proposed in another rulemaking 
notice also published in this Issue. 

(k) The Schedule of Classification and Water Quality 
Standards for the Neuse River Basin was amended effective 
February 1± 1996 with the reclassification of the Neuse River 
flndex No. 27 -(96)1 from the Streets Ferry bridge to a line 
across the river from Johnson Point to McCotter Point from 
Class SC Sw NSW to Class SB Sw NSW. 



Statutory Authority 
143-215. 3(a)(1). 



G.S. 



143-214.1; 



143-215.1; 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 48 - BOARD OF 
PHYSICAL THERAPY EXAMINERS 



Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Board of Physical Therapy 
Examiners intends to adopt rules cited as 21 NCAC 48D .001 1; 
48G .0501 - .0516, .0601; 48H .0701 - .0704; amend 48C 
.0103; 48D .0006; 48E .0110; 48F .0002; and repeal 48D 
.0008; 48H .0104. 

Temporary; Rule (21 NCAC 48E .0110) was filed as a 
temporary amendment effective July 21 , 1995 for a period of 
180 days or until the permanent rule becomes effective, which- 
ever is sooner. 

Proposed Effective Date: October 1, 1995. 

A Public Hearing will be conducted at 2:00 p. m. on August 
10, 1995 at the NC Board of Physical Therapy Examiners, 18 
West Colony Place, Suite 120, Durham, NC 27705. 

Reason for Proposed Action: 

21 NCAC 48D .0011; 48G .0501-.0516; 48G .0601; 48H 

.0701-. 0704 - To adopt rules for contested case hearings, 

disciplinary actions and the adoption of rules. To adopt a rule 

for applicants with special needs. 

21 NCAC 48C .0103; 48D .0006; 48E .0110; 48F .0002 - To 

amend rides on fees, notification of examination results, 

prohibited practice and foreign trained physical therapists to 

make them consistent with current practice. 

21 NCAC 48D .0008; 48H .0104 - To repeal rules no longer 

needed. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition , the 
record of hearing will be open for receipt of written comments 
from July 14, 1995 to 5:00 p.m. on August 14, 1995. Such 
written comments must be delivered or mailed to Constance W. 
Peake, North Carolina Board of Physical Therapy Examiners, 
18 West Colony Place, Suite 120, Durham, NC 27705. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds: 

SUBCHAPTER 48C - SCOPE OF PHYSICAL 
THERAPY PRACTICE 

SECTION .0100 - PHYSICAL THERAPISTS 

.0103 PROHIBrTED PRACTICE 

(a) A physical therapist is prohibited from employing acts, 
tests, procedures, treatments and modalities in the treatment of 
patients that are beyond the scope of the practice of physical 
therapy. Any patient whose condition requires medical 
diagnosis of disease or treatment beyond the scope of physical 
therapy must be referred to a licensed medical doctor or dentist. 

(b) A physical therapist may not permit any person working 
under his or her supervision to engage in acts or practices 
beyond the scope allowed by the Physical Therapy Practice Act 
or these Rules. 



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(c) Physical therapy does not include the application of 
roentgen rays or radioactive materials, but this does not prevent 
a physical therapist from reviewing x-rays. 

(d) A physical therapist is prohibited from financially 
compensating any person, firm or corporation for referring a 
patient to the physical therapist. 

(e) A physical therapist is prohibited from receiving financial 
compensation solely for referring a patient to any person, firm 
or corporation. 

(f) A physical therapist is prohibited from soliciting a patient 
by direct personal contact within 90 days after the patient 
sustains an injury or suffers the onset of disease or infirmity. 

Statutory Authority G.S. 90-270.24; 90-270.26; 90-270.35. 

SUBCHAPTER 48D - EXAMINATIONS 

.0006 NOTIFICATION OF EXAMINATION 
RESULTS 

(a) Individuals. All applicants will be notified in writing of 
the results of the examination. 

(b) North Carolina Educational Programs. After each 
examination the North Carolina educational programs that had 
graduates taking the examination in North Carolina will be sent 
scores, but identification numbers and names will not be 
included. The North Carolina passing level and th e cumulativ e 

for the examination will be included. 



Statutory Authority G.S. 90-270.26. 

.0008 LICENSED PERSONS TAKING THE 
EXAMINATION 

If a physical therapist w ho is already licensed in the state by 
m e ans oth e r than a FT exam d e sires to tak e a PT e xam, h e may 
do s o at th e current cost of th e e xamination providing h e s e nds 
a written requeot to the executive secretary stating his reason for 
wanting to take the examination. 



documents must be in English or accompanied by an English 
translation. 

(b) Supporting Documents. In addition to the other require- 
ments of this Section and G.S. 90-270.30, each foreign-trained 
applicant must submit the following: 

(1) If the applicant has been graduated from a physical 
therapy educational program, a certification of 
physical therapy education is to be submitted 
directly to the Board. 

(2) If the applicant does not meet the requirements of 
(b)(1) of this Rule, the Board will examine the 
applicant's educational background to determine if 
the general college and professional instruction is 
substantially equivalent to that of a United States 
physical therapy educational program. At a mini- 
mum, 120 semester hours of college education is 
required, which includes a minimum of 57 semester 
hours of professional curriculum, including basic 
health sciences, clinical sciences and clinical educa- 
tion. It is the responsibility of the applicant to 
make arrangements with a credentialing service 
acceptable to the Board to have the credentials 
evaluated. The Board will make its own review of 
applicant's educational program and is not bound 
by the findings of the credentialing senice. 

(3) Proof acceptable to the Board that a minimum 
score of 210 has been obtained on the TSE (Test of 
Spoken English) or the SPEAK (Speaking Profi- 
ciency English Assessment Kit) examination admin- 
istered prior to July 1^ 1995, or for examinations 
administered on or after July 1, 1995 a minimum 
score of 45 will be required on the TSE examina- 
tion, or that English is the applicant's native lan- 
guage. 

Statutory Authority G.S. 90-270.26; 90-270.29; 90-270.30; 
90-27031. 



Statutory Authority G.S. 90-270.26; 90-270.33. 

.0011 APPLICANTS WITH SPECIAL NEEDS 

Examination candidates who need special accommodations for 
the examination as a result of a medical or physical dysfunction 
should file an Accommodation Request Form and supporting 
documentation with the executive secretary at least 60 days 
before the examination date. 

Statutory Authority G.S. 90-270.60; P.L. 101-336. 

SUBCHAPTER 48E - APPLICATION FOR 
LICENSURE 

SECTION .0100 - REQUIREMENTS 

0110 FOREIGN-TRAINED PHYSICAL 
THERAPISTS 

(a) English Translations. All application forms and supporting 



SUBCHAPTER 48F - CERTIFICATES: FEES: 
INVESTIGATIONS: RECORDS OF LICENSEES 

.0002 FEES 

(a) The following fees are charged by the Board: 

(1) application for physical therapist licensure: 

(A) by endorsement or examination taken in another 
state, one hundred dollars ($100.00): 

(B) by examination, one hundred dollars ($100.00) 
plus cost of examination; 

(C) by revival of lapsed license pursuant to 21 NCAC 
48G .02O3(2)(a), one hundred dollars ($100.00) 
plus cost of examination: 

(D) by revival of lapsed license pursuant to 21 NCAC 
48G .0203(2)(b). one hundred dollars ($100.00); 

(2) application for physical therapist assistant licensure: 

(A) by endorsement or examination taken in another 
state, ninety dollars ($90.00): 

(B) by examination, ninety dollars ($90.00) plus cost 



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of examination: 

(C) by revival of lapsed license pursuant to 21 NCAC 
48G .0203(2)(a), ninety dollars ($90.00) plus cost 
of examination; 

(D) by revival of lapsed license pursuant to 21 NCAC 
48G .0203(2)(b), ninety dollars ($90.00); 

(3) renewal for all persons, forty dollars ($40.00), 

(4) penalty for late renewal, twenty dollars ($20.00) 
plus renewal fee; 

(5) revival of license lapsed less than five years, 
twenty-five dollars ($25.00) plus renewal fee; 

(6) transfer of licensure information fee, including 
either the examination scores or licensure verifica- 
tion or both, fifteen dollars ($15.00); 

(7) retake examination, thirty dollars ($30.00) plus 
actual cost of examination; 

(8) certificate replacement or duplicate, fifteen dollars 
($15.00); 

(9) directory of licensees, five dollars ($5.00); 

(10) computer print-out or labels of any portion of list of 
physical therapists, sixty dollars ($60.00); 

(11) computer print-out or labels of any portion of list of 
physical therapist assistants, sixty dollars ($60.00); 

(12) processing fee for returned checks, maximum 
allowed by law. 

(b) The application fee is not refundable. The Board shall 
consider written requests for a refund of other fees based on 
personal or economic hardship. 

(c) A certified check or money order is required for payment 
of application fees listed in Parts (a)(1)(A), (B), (C), (D), and 
(2)(A), (B), (C), and (D) of this Rule. 

Statutory Authority G.S. 25-3-512; 90-270.33. 

SUBCHAPTER 48G - RETENTION OF LICENSE 

SECTION .0500 - CONTESTED CASE 
HEARINGS 



.0501 RIGHT TO HEARING 

When the Board acts or proposes to act, 



other than in 
manner 



rulemaking or declaratory ruling proceedings, in a 
which will affect the rights, duties, or privileges of a specific, 
identifiable person, such person has the right to a contested case 
hearing. When the Board proposes to act in such a manner, it 
shall give any such affected person notice of right to a hearing 
personally or by mailing by certified mail to the last address 
provided to the Board a notice of the proposed action and a 
notice of a right to a hearing. 



for a hearing. 

(b) Any person substantially affected or aggrieved by the 
Board's action or proposed action must file a request for a 
contested case hearing in the Board's office so that it is received 
by the Board within 30 days of the date such person receives 
notice of the Board's action or proposed action. For purposes 
of this Rule, "notice" is given by the Board and received by the 
person. 

(1) for an action taken or proposed to be taken by the 
entire Board, on the date notice of such action is 
personally delivered to or is mailed by the Board to 
the person at the last address provided to the Board; 

(2) for an action proposed by a committee of the 
Board, including a probable cause or investigatory 
committee, from the date the proposed resolution, 
proposal for settlement, or other proposed action is 
personally delivered to or is mailed to the person at 
the last known address provided to the Board. 
Provided, however, that if within 15 days of receipt 
of such notice the person proposes in writing to 
continue informal negotiations to settle the matters 
at issue, the Board or its committee handling such 
matter may, in its discretion, agree to toll the 
running of the 30 day period or extend the 30 day 
period on such terms as the Board deems appropri- 
ate; 

(3) for any person substantially affected by a decision 
of the Board concerning licensure, including an 
approval or rejection of an application form for 
licensure, or the failure to renew or reinstate a 
license, from the date notice of such decision is 
personally delivered to or is mailed to the person at 
the last address provided to the Board. 

(c) To request a contested case hearing, the person shall 
submit a request bearing the following notations to the Board's 
office: REQUEST FOR CONTESTED CASE HEARING. 
The request shall contain the following information: 

(1) name and address of the petitioner, 

(2) a concise statement of the action taken by the Board 
which is challenged, 

(3) a concise statement of the way in which the peti- 
tioner has been aggrieved, and 

(4) a clear and specific statement of request for a 
hearing. 

(d) The request will be acknowledged promptly and, if 
deemed appropriate by the Board in accordance with Rule .0503 
of this Section, a hearing will be scheduled. 

Statuton- Authority G.S. 90-270.26; 150B-38. 



Statutory Authority G.S. 90-270.26; 150B-38. 

.0502 REQUEST FOR HEARING 

(a) When a person believes that his or her rights, duties, or 
privileges have been substantially affected by the Board's action 
without notice of a right to a contested case hearing being 
provided, that person may file with the Board a formal request 



.0503 GRANTING OR DENYING HEARING 
REQUEST 

(a) The Board will grant a request for a hearing if it deter- 
mines that the party requesting the hearing is a "person ag- 
grieved" within the meaning of G.S. 150B-2(6). 

fb) The denial of a request for a hearing will be issued 
immediately upon decision, and in no case later than 60 days 



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after the submission of the request. Such denial shall contain a 
statement of the reasons leading the Board to deny the request. 

(c) Approval of a request for a hearing will be signified by 
the issuing of a notice as required by G.S. 150B-38(b) and 
explained in Rule .0505 of this Section. 

Statutory Authority G.S. 90-270.26; 150B-38. 

.0504 COMPLAINTS AND INVESTIGATIONS 

(a) In order to file a complaint with the Board, the following 
information should be submitted to the Board in writing: 

(1) name and address of person alleged to have vio- 
lated Physical Therapy Practice Act; 

(2) succinct statement of conduct giving rise to com- 
plaint; 

(3) name, address and telephone number of complain- 
ant. 

(b) Upon receipt of a written complaint alleging misconduct 
that might subject a licensee to disciplinary action, or upon the 
receipt of confirmation that a violation of the Physical Therapy 
Practice Act has occurred, the Board may investigate such 
matter to determine whether probable cause exists to institute 
formal disciplinary proceedings. 

(c) The Executive Secretary of the Board and a member 
appointed by the Chair shall serve as a probable cause or 
investigating committee. This committee may be assisted by the 
Board's attorney or investigator or by a former member of the 
Board retained for the purpose of such investigation. 

(d) The probable cause committee shall investigate the 
complaint. The committee shall determine whether or not there 
is probable cause to believe that the licensee has violated any 
statute or board rule which would justify a disciplinary hearing. 
If the committee determines that such probable cause exists, the 
committee may confer with the licensee in an attempt to settle 
the matter through informal means. If the committee and the 
licensee reach an agreement on the disposition of the matter 
under investigation, the committee may cause to be drafted a 
proposed settlement agreement, which may include proposed 
findings of fact, conclusions of law, and a consent order, for 
presentation to and consideration by the Board. Such settlement 
agreement shall be presented to and approved by the licensee 
before they are presented to the Board for consideration and 
approval. 

(e) If the probable cause committee and the licensee are not 
able to settle the matter under investigation by informal means, 
the licensee may request a contested case hearing pursuant to 
Rule .0502 of this Section or the Board may give notice of a 
disciplinary or contested case hearing, if required. 

(f) If probable cause is found, but it is determined that a 
disciplinary hearing is not warranted, the committee may 
recommend that the Board issue a reprimand to the licensee. 
The committee shall mail a copy of ks recommendation to the 
licensee. 

(g) Within 20 days after receipt of the recommendation , the 
licensee may refuse the reprimand and request a contested case 
hearing pursuant to this Section. Such refusal and request shall 
be filed with the Board. The legal counsel for the Board shall 



thereafter prepare, file, and serve a Notice of Hearing. 

(n) In the alternative, within 20 days after receipt of the 
recommendation , the licensee may request an informal meeting 
with the Board to discuss the basis of the committee's recom- 
mendation and present reasons why the Board should not follow 
the committee's recommendation. There shall be no sworn 
testimony presented, nor shall there be a formal record of the 
proceedings. 

(ij If the licensee does not request a contested case hearing or 
an informal meeting with the Board, the Board shall determine 
whether to accept the committee's recommendation and issue 
the reprimand. A letter of caution is not considered disciplinary 
action against a licensee. 

(]] Participation by a current Board member in the investiga- 
tion of a complaint shall disqualify that Board member from 
participating in the d ecision making process of a contested case 
hearing. 

00 Subsequent to the issuance of a notice of hearing, the 
attorney prosecuting the contested case for the Board may not 
communicate, directly or indirectly, in connection with any 
issue of fact or question of law, with any party, including the 
members of the Board assigned to make a decision or to make 
findings of fact and conclusions of law in the contested case, 
except on notice and opportunity for all parties to participate. 
However, the attorney prosecuting the matter for the Board may 
continue to communicate concerning such contested case with 
the members of the probable cause committee who investigated 
such matter, with persons not parties to the contested case who 
may be called as witnesses, including the person who filed the 
complaint and with the Board members about other matters. 

Statutory Authority G.S. 90-270.26; 150B-38; 150B-4O. 

.0505 NOTICE OF HEARING 

(a) The Board shall give the party or parties in a contested 
case a notice of hearing not less than 15 days before the 
hearing. Said notice shall contain the following information, in 
addition to the items specified in G.S. 150B-38(b): 

(1) the name, position, address and telephone number 
of a person at the office of the Board to contact for 
further information or discussion; 

(2) the date, time, and place for a pre-hearing confer- 
ence, if any; and 

(3) any other relevant information regarding the proce- 
dure of the hearing. 

(b_) If the Board determines that the public health, safety, or 
welfare requires emergency action, it may issue an order 
summarily suspending a license. Upon service of the order, the 
licensee to who the order is directed shall immediately cease the 
practice of physical therapy in North Carolina, and deliver said 
license to the Board in the manner specified in the order. The 
Board shall promptly give notice of hearing pursuant to G.S. 
150B-38 following service of the order. The suspension shall 
remain in effect pending issuance by the Board of a final agency 
decision pursuant to G.S. 150B-42. 

Statutory Authority G.S. 90-270.26; 70.36(9); l50B-3(c); 150B- 



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38. 



.0506 WRITTEN RESPONSE TO THE NOTICE 
OF HEARING 

Any party served with a notice of hearing may file a written 
response. Such response shall be served on the Board by 
certified mail at the address specified in the notice of hearing. 
The written response must be mailed to all parties to the 
proceeding not less than 10 days prior to the hearing. 

Statutory Authority G.S. 90-270.26; 150B-38. 

.0507 WHO SHALL HEAR CONTESTED 
CASES 

(a) All contested case hearings will be conducted by the 
Board, a panel consisting of a majority of the members of the 
Board, or an administrative law judge designated to hear the 
case pursuant to G.S. 150B-40(e). 

(b) The Board is authorized to employ an attorney to advise 
the presiding officer on matters of procedure and evidentiary 
rulings. 

Statutory Authority G.S. 90-270.26; 150B-38; 150B-40. 

.0508 PRE-HEARING CONFERENCE 

(a) The Board may direct the parties to attend an informal 
pre-hearing conference, or the parties may request such a 
conference, at a time and place selected by mutual agreement. 
If the parties do not agree on the time and place for the pre- 
hearing conference within a reasonable time, the Board through 
its attorneys may set the time and place of the pre-hearing 
conference, giving reasonable written notice to all parties in the 
proceedings. The board may designate one of its staff members 
or attorneys to conduct the conference. 

(b) Upon the agreement of the parties, all or part of the pre- 
hearing conference may be conducted by telephone or other 
electronic means, if each party has an opportunity to participate 
while the conference is taking place. 

(c) The parties shall conduct the pre-hearing conference to 
deal, where applicable, with: 

(1) exploring settlement possibilities; 

(2) formulating, clarifying, and simplifying the issues 
to be contested at the hearing; 

(3) preparing stipulations of facts or findings; 

(4) specifying the identity and number of witnesses; 

(5) determining the extent to which direct evidence, 
rebuttal evidence, or cross-examination will be 
presented in written form and the extent to which 
telephone, video tape, or other electronic means 
will be used as a substitute for proceedings in 
person; 

(6) determining what depositions, discovery orders, or 
subpoenas will be needed; 

(7) determining the need for consolidation of cases or 
joint hearing; 

(8) determining the order of presentation of evidence 
and cross-examination; and 



(9) considering any other matters which may promote 
the prompt, orderly, and efficient disposition of the 
case. 

Statutory Authority G.S. 90-270.26; 150B-38. 

.0509 PETmON FOR INTERVENTION 

(a) A person desiring to intervene in a contested case must 
file a written petition with the Board's office. The petition 
should bear the notation: PETTnON TO INTERVENE IN 
THE CASE OF (Name of Case). 

(b) The petition must include the following information: 

(1) the name and address of petitioner; 

(2) the business or occupation of petitioner, where 
relevant; 

(3) a full identification of the hearing in which peti- 
tioner is seeing to intervene; 

(4) the statutory or non-statutory grounds for interven- 
tion; 

(5) any claim or defense in respect of which interven- 
tion is sought; and 

(6) a summary of the arguments or evidence petitioner 
seeks to present. 

(c) If the Board determines to allow intervention, notice of 
that decision will be issued promptly to all parties, and to the 
petitioner. In cases of discretionary intervention, such notifica- 
tion will include a statement of any limitations of time, subject 
matter, evidence or whatever else is deemed necessary which 
are imposed on the intervenor. 

(d) If the Board's decision is to deny intervention, the 
petitioner will be notified promptly. Such notice will be in 
writing, will identify the reasons for the denial, and will be 
issued to the petitioner and all parties. 

Statutory Authority G.S. 90-270.26; 150B-38. 

.0510 TYPES OF INTERVENTION 

(a) Intervention of Right. A petition to intervene as a right. 
as provided in the North Carolina Rules of Civil Procedure. 
Rule 24. will be granted if the petitioner meets the criteria of 
that rule and the petition is timely. 

(b) Permissive Intervention. A petition to intervene permis- 
sively, as provided in the North Carolina Rules of Civil 
Procedure, Rule 24, will be granted if the petitioner meets the 
criteria of that rule and the Board determines that: 



03 



there is sufficient legal or factual similarity between 
the petitioner's claimed rights, privileges, or duties 
and those of the parties to the hearings; and 
permittin g the petitioner to intervene as a party 
would aid the purpose of the hearing. 
Discretionary Intervention. The Board may allow 



® 

discretionary intervention, with whatever limits and restrictions 
are deemed a ppropriate. 

Statutory Authority G.S. 90-270.26; 150B-38. 

.0511 DISQUALIFICATION OF BOARD 



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MEMBERS 

(a) Self-disqualification. No Board member shall discuss 
with any party the merits of any case pending before the Board, 
Any Board member who has direct knowledge about a case 
prior to the commencement of the proceeding shall disqualify' 
himself or herself from any participation in the case. If for any 
other reason a Board member determines that personal bias or 
other factors render that member unable to hear a contested case 
and perform all duties in an impartial manner, that Board 
member shall voluntarily decline to participate in the hearing or 
decision. 

(b) Petition for Disqualification. If for any reason any party 
in a contested case believes that a Board member is personally 
biased or otherwise unable to hear a contested case and perform 
all duties in an impartial manner, the party may file a sworn, 
notarized affidavit with the Board. 

(c) Contents of Affidavit. The affidavit must state aj] facts 
the party deems to be relevant to the disqualification of the 
Board member. 

(d) Timeliness and Effect of Affidavit. An affidavit of 
disqualification will be considered timely if filed 10 days before 
commencement of the hearing. Any other affidavit will be 



considered timely provided it is filed at the first opportunity 
after the party becomes aware of facts which give rise to a 
reasonable belief that a Board member may be disqualified 
under this Rule. 

(e) Where a petition for disqualification is filed less than 10 
days before or during the course of a hearing, the hearing shall 
continue with the challenged Board member sitting. Petitioner 
shall have the opportunity to present evidence supporting the 
petition, and the petition and any evidence relative thereto 
presented at the hearing shall be made a part of the record. 
The Board, before rendering its decision, shall decide whether 
the evidence justifies disqualification. In the event of disqualifi- 
cation the disqualified member will not participate in further 
deliberation or decision of the case. 

(f) Procedure for Determining Disqualification: 

(1) The Board will appoint a board member or the 
Board's attorney to investigate the allegations of the 
affidavit. 

(2) At a special proceeding convened to consider the 
petition for disqualification, the investigator will 
report to the Board the findings of the investigation. 

(3) The Board shall decide whether to disqualify the 
challenged individual, and issue its decision in the 
record. 

(4) The person whose disqualification is to be deter- 
mined will not participate in the decision but may 
be called upon to furnish information at the special 
proceeding. 

(5) When a Board member is disqualified prior to the 
commencement of the hearing or after the hearing 
has begun, such hearing will continue with the 
remaining members sitting provided that the re- 
maining members still constitute a maiority of the 
Board. 

(6) If a sufficient number of Board members are 



disqualified pursuant to this Rule so that a majority 
of the Board cannot conduct the hearing, the Board 
shall petition the Office of Administrative Hearings 
to appoint an administrative law judge to hear the 
contested case pursuant to G.S. 150B-40(e). 

Statutory Authority G.S. 90-270.26; 150B-4O. 

.0512 SUBPOENAS 

(a) Requests for subpoenas for the attendance and testimony 
of witnesses or for the production of documents, either at a 
hearing or for the purposes of discovery, shall be made in 
writing to the Board, shall identify any document sought with 
specificity, and shall include the full name and home or business 
address of all persons to be subpoenaed and, if known, the date, 
time, and place for responding to the subpoena. The Chairman 
or the Secretary of the Board shall issue the requested subpoe- 
nas within three days of receipt of the request. 

(b) Subpoenas shall contain: the caption of the case; the 
name and address of the person subpoenaed; the date, hour and 
location of the hearing in which the witness is commanded to 
appear; a particularized description of the books, papers, 
records or objects the witness is directed to bring to the hearing, 
if any; the identity of the party on whose application the 
subpoena was issued; the date of issue; the signature of the 
presiding officer or his designee; and a "return of service". 
The "return of service" form, as filled out, shows the name and 
capacity of the person serving the subpoena, the date on which 
the subpoena was delivered to the person directed to make 
service, the date on which sen ice was made, the person on 
whom service was made, the manner in which service was 
made, and the signature of the person making service. 

(c) Subpoenas shall be served as provided by the Rules of 
Civil Procedure, G.S. I A-l. The cost of service, fees, and 
expenses of any witnesses or any documents subpoenaed shall 
be paid by the party requesting the subpoena. The subpoena 
shall be issued in duplicate, with a "return of service" form 
attached to each copy. A person serving the subpoena shall fill 
out the "return of service" form for each copy and properly 
return one copy to the Board with the attached "return of 
service" form completed. 

(d) Any person receiving a subpoena from the Board may 
object thereto by filing a written objection to the subpoena with 
the Board's office. Such objection shall include a concise, but 
complete, statement of reasons why the subpoena should be 
quashed or modified. These reasons may include lack of 
relevancy of the evidence sought, or any other reason sufficient 
in law for holding the subpoena invalid, such as that the 
evidence is privileged, that appearance or production would be 
so disruptive as to be unreasonable in light of the significance 
of the evidence sought, or other undue hardship. 

(e) Any objection to a subpoena must be served on the party 
who requested the subpoena simultaneously with the filing of 
the objection with the Board. 

(fj The party who requested the subpoena may file a written 
response to the objection within such time period allowed by the 
Board. The written response shall be filed with the Board and 



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served by the requesting party on the objecting witness, 

(g) After receipt of the objection and response thereto, if any, 
the Board shall issue a notice to the party who requested the 
subpoena and the party challenging the subpoena, and may 
notify any other party or parties of an open hearing before the 
presiding officer, to be scheduled as soon as practicable. At the 
hearing, evidence and testimony may be presented, limited to 
the narrow questions raised by the objection and response. 

(h) Promptly after the close of such hearing, the presiding 
officer will rule on the challenge and issue a written decision. 
A copy of the decision will be issued to all parties and made a 
part of the record. 

Statutory Authority G.S. 90-270.26; 150B-39; 150B-40. 



(cj Upon receipt of a request for oral argument, notice will 
be issued promptly to all parties designating the time and place 
for such oral argument. 

(d) Giving due consideration to the proposal for decision and 
the exceptions and arguments of the parties, the Board may 
adopt the proposal for decision or may modify it as the Board 
deems necessary. The decision rendered will be a part of the 
record and a copy thereof given to all parties. The decision as 
adopted or modified becomes the "final agency decision" for the 
right to judicial review. Said decision will be rendered by the 
Board within 60 days of the next regularly scheduled meeting 
following the oral arguments, or if none, within 60 days of the 
next regularly scheduled Board meeting following receipt of the 
last document filed in the case. 



.0513 WITNESSES 

Any party may be a witness and may present witnesses on the 
party's behalf at the hearing. All oral testimony at the hearing 
shall be under oath or affirmation and shall be recorded. At the 
request of a party or upon the Board's own motion, the 
presiding officer may exclude witnesses from the hearing room 
so that they cannot hear the testimony of other witnesses. 

Statutory Authority G.S. 90-270.26; I50B-40; 150B-43. 

.0514 CONTINUANCES 

A request for a continuance shall be addressed to the Board, 
and shall be granted in the Board's discretion. 

Statutory Authority G.S. 90-270.26; 150B-38; 150B-40. 

.0515 FINAL DECISION 

In all cases heard by. the Board, the Board will issue its 
decision within 60 days after its next regularly scheduled 
meeting following the close of the hearing. This decision will 
be the prerequisite "final agency decision" for the right to 
judicial review. 

Statutory Authority G.S. 90-270.26; 150B-38; 150B-42. 

.0516 PROPOSALS FOR DECISION 

(a) When an administrative law judge conducts a hearing 
pursuant to G.S. 150B-40(e), a "proposal for decision" shall be 
served on §11 parties to the proceeding at their mailing address 
or upon their counsel of record. The parties may file written 



exceptions to this "Proposal for decision" and submit their own 
proposed findings of fact and conclusions of law. The excep- 
tions and alternative proposals must be filed with the Board 
within 15 days after the party has received the "proposal for 
decision" as drafted by the administrative law judge, and must 
be served on all other parties at the same time it is filed with the 
Board. 

fb) Any party may file a written argument to the Board 
within 15 days after receipt of the proposal for decision. Any 
party may file a request to present oral argument to the Board. 
Such request must be filed within 15 days of the receipt of the 
proposal for decision. 



Statutory Authority G.S. 90-270.26; 150B-38; 150B-40; 150B- 

42. 

SECTION .0600 - DISCIPLINARY ACTION 

.0601 PROHIBITED ACTIONS 

(a) Behaviors and activities which may result in disciplinary 
action by the Board pursuant to GJv 90-270.36(1), (6), (7), (8) 
and (9) and G.S. 90-270.35(4) include, but are not limited to, 
the following: 

(1) recording false or misleading data, measurements 
or notes regarding a patient; 

(2) delegating responsibilities to a person when the 
licensee delegating knows or has reason to know 
that the competency of that person is impaired by 
physical or psychological ailments, or by alcohol or 
other pharmacological agents, prescribed or not; 

(3) practicing or offering to practice beyond the scope 
permitted by law; 

(4) accepting and performing professional responsibili- 
ties which the licensee knows or has reason to 
know that he or she is not competent to perform; 

(5) performing, without adequate supervision, profes- 
sional services which the licensee is authorized to 
perform only under the supervision of a iicensed 
professional, except in an emergency situation 
where a person's life or health is in danger; 

(6) harassing, abusing, or intimidating a patient either 
physically or verbally; 

(7) failure to exercise supervision over persons who are 
authorized to practice only under the supervision of 
the licensed professional; 

(8) exercising undue influence on the patient, including 
the recommendation of unnecessary treatment for 
the financial gain of the practitioner or of a third 
party; 

(9) directly or indirectly offering, giving, soliciting, or 
receiving or agreeing to receive, any fee or other 
consideration to or from a third party for the 
referral of a client; 

( 10) failure to file a report, or filing a false report, 

required by law or by the Board, or impeding or 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



677 



PROPOSED RULES 



obstructing such filing or inducing another person 
to do so; 

(1 1) revealing identifiable data, or information obtained 
in a professional capacity, without pnor consent of 
the patient, except as authorized or required by 
law; 

(12) guaranteei ng that a cure will result from the perfor- 
mance of professional services; 

(13) altering a license by changing the expiration date, 
certification number, or any other information 
appearing on the license; 

(14) using a license which has been altered; 

(15) permitting or allowing another person to use his or 
her license for the purpose of physical therapy; 

(16) delegating professional responsibilities to a person 
when the licensee delegating such responsibilities 
know or has reason to know that such a person is 
not qualified by training, by experience, or by 
licensure; 

(17) violating any term of probation, condition, or 
limitation imposed on the licensee by the Board; 

(18) kissing, fondling, inappropriately touching or 
engaging in any other activities of a sexual nature 
with a patient; 

(19) billing or charging for services or treatment not 
performed; 

(20) refusing to treat a patient because third party 
benefits have expired, 

(b) When a person licensed to practice physical therapy is 
also licensed in another jurisdiction and that other jurisdiction 
takes disciplinary action against the licensee, the North Carolina 
Board of Physical Therapy Examiners may summarily impose 
the same or lesser disciplinary action upon receipt of the other 
jurisdiction's actions. The licensee may request a hearing. At 
the hearing the issues will be limited to: 

(1) whether the person against whom action was taken 
by the other jurisdiction and the North Carolina 
licensee are the same person; 

(2) whether the conduct found by the other jurisdiction 
also violates the North Carolina Physical Therapy 
Act; and 

(3) whether the sanction imposed by the other jurisdic- 
tion is lawful under North Carolina law. 

(c) In accordance with G.S. 150B-3(c) a license may be 
summarily suspended if the public health, safety, or welfare 
requires emergency action. This determination is delegated to 
the Chairman or Executive Secretary of the Board pursuant to 
G.S. 90-270.26(8). Such a finding shall be incorporated with 
the order of the Board of Physical Therapy Examiners and the 
order shall be effective on the date specified in the order or on 
service of the certified copy of the order at the last known 
address of the licensee, whichever is later, and continues to be 
effective during the proceedings. Failure to receive the order 
because of refusal of service or unknown address does not 
invalidate the order. Proceedings shall be commenced 
promptly. 

(d) When the Board receives a notice from a Clerk of 



Superior Court that the license of a physical therapist or a 
physical therapist assistant has been forfeited pursuant to 
G.S. 15A-1331A, the licensee shall be required to surrender the 
license to file Board immediately and not to engage in the 
practice of physical therapy during the period of forfeiture. 
Forfeiture under this section shall not limit in any way the 
Board's authority to take further disciplinary action against the 
licensee in accordance with the Board's rules and procedures. 

Statutory Authority G.S. I5A-1331A; 90-270.24; 90-270.26; 
90-270.35(4); 90-270.36; 150B-3. 

SUBCHAPTER 48H - RULEMAKING AND 
ADMINISTRATIVE HEARINGS PROCEDURES 

SECTION .0100 - AVAILABILITY OF RULES 

.0104 CONTESTED CASES 

Th e following rul e s e stablishing procedur e s for cont e st e d 
casos, adopted by tho Office of Administrative Hearings and 
contained in Title 26, Chapter 3 of the North Carolina Adminis - 
trativ e Cod e , are h e reby adopt e d by r e ferenoe for cont e st e d 
eases for which th e Board hao authority to adopt rul e o under 
G.S. 150B 38(h): — .0001(1), .0005, .0006, .0012, .0013, 
.001 4 , .0015, .0016, .0017, .001 8 , .0019. .0020, .0021 and 
.0024 . — This adoption is mad e und e r G.S. 150B 14(b) and 
applieo to th e listed rul e o in 26 NCAC 3 as am e nd e d as of July 
1, 198 8 . Roferonooa in such rules to the Office of Administm 
tivc Hearings shall be doomed for this purpose to bo roforonoo3 
to th e Board, and th e presiding offic e r for Board hearings shall 
hav e the pow e rs and duti e s given in s uch rules to th e adminio 
trativc law judge. Copies of tho rules adopted by roforenco are 
on file in the Board' s office and may be obtained thoro. 

Statutory Authority G.S. 150B-U; 150B-I4(a)(b); 150B-38(h). 

SECTION .0700 - ADOPTION OF RULES 

.0701 PETITIONS 

(a) Any person wishing to submit a petition to the Board 
requesting the adoption, amendment or repeal of a rule shall file 
the petition with the Board's Executive Secretary at the address 
specified in 21 NCAC 48A .0001 of these Rules. 

(b) The petition should contain the following information: 

(1) a proposed text of ffie rule to be adopted or 
amended or a citation to fiie rule to be repealed; 

(2) a statement of the reason for the proposal, including 
statutory authority; 

(3) effect of the proposed rule change on the practice 
of physical therapy; 

(4) any data supporting the proposal; 

(5) name, address and telephone number of each 
petitioner. 

(c) The Board will consider whether to grant or deny a 
petition at its next regularly scheduled meeting following receipt 
of a completed petition, but in any event, no more than 120 
days after a completed petition is filed with the Board. 



678 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



PROPOSED RULES 



(d) If the Board denies the petition, the petitioner shall be 
notified in writing, stating the reasons for the denial. If the 
decision is to approve the petition, the Board shall initiate a 
rulemaking proceeding by issuing a rulemaking notice, as 
provided in these Rules. 

Statutory Authority G.S. 90-270.26; 150B-20. 

.0702 MAILING LIST 

(a) Any person desiring to be placed on the mailing list for 
the Board's rulemaking notices may file a request with the 
Board in writing, furnishing the name and mailing address of 
the person to whom the notice is to be sent. 

(b) The Board will charge an annual fee of ten dollars 
($10.00) to each person on the mailing list for copying and 
mailing costs. A person shall remain on the list so long as the 
annual fee is paid. 

Statutory Authority G.S. 90-270.26; 150B-21.1. 

.0703 HEARINGS 

(a) Any person desiring to present oral comments on a 
proposed rule must file a written notification with the Board at 
the address specified in 21 NCAC 48A .0001, at least five days 
prior to the hearing. This requirement may be waived or a 
failure to file a request may be excused by the presiding officer. 
Any person making oral comments is encouraged to submit a 
written copy of the presentation prior to or at the hearing. 

(b) In order to allow for a full and fair opportunity for 
persons who wish to make oral comments at a rulemaking 
hearing to speak, the presiding officer shall be entitled to 
impose time limits on the length of presentations. The presiding 
officer shall inform persons making oral comments of any time 
limits deemed necessary to accomplish a full and effective 
public hearing on the proposed rule. 

(c) Any person may file a written submission with the Board 
up to and including the day of the hearing, unless a longer 
period is stated in the particular notice or an extension of time 
is granted following notice. A written submission must clearly 
state the rule or proposed rule to which the comments are 
addressed and must also include the name and address of the 
person submitting iL 

(d) The authority of the presiding officer shall include, but 
not be limited to, the following: 

(1) ensuring a record is made of the proceedings; 

(2) control of the order and recognition of speakers; 

(3) elimination of repetitious presentations; and 

(4) general management of the hearing. 

(e) The Board's chair shall designate a Board member or a 
staff member to serve as presiding officer. 

Statutory Authority G.S. 90-270.26; 150B-21.2. 

.0704 DECLARATORY RULINGS 

(a) A declaratory ruling is a quasi-judicial order of the Board, 
by which it addresses issues raised by an interested person 
regarding: 



(1) the manner in which a statute administered by the 
Board a pplies to a given fact situation; 

(2) the manner in which a rule adopted by the Board 
applies to a given fact situation; or 

(3) whether a particular rule of the Board is valid. 

(b) A declaratory ruling issued by the Board: 

(1) is binding upon the Board and upon the person 
requesting it; 

(2) may be reviewed by the courts in the same manner 
as die final agency decision in a contested case; and 

(3) may be altered by a subsequent declaratory ruling 
of the Board, but may not be altered retroactively. 

(c) All requests for a declaratory ruling shall be in writing 
and submitted to the Board at die address specified in 21 
NCAC 48A .0001 and must include the following information: 

(1) name and address of person requesting declaratory 
ruling; 

(2) statute or rule to which request relates; 

(3) statement of the manner in which the person re- 
questing declaratory ruling is aggrieved by the rule 
or statute or its potential application to him; and 

(4) the consequences of a failure to issue a declaratory 
ruling. 

(d) Whenever the Board believes that issuance of a declara- 
tory ruling is undesirable, it may refuse to issue one. The 
person requesting the declaratory ruling shall be furnished with 
a full and complete statement from the Board as to why the 
request is being denied. 

Statutory Authority G.S. 90-270.26; 150B-4. 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



679 



RRC OBJECTIONS 



1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 150B-21.9(a). State agencies are 
required to respond to RRC as provided in G.S. 150B-21. 12(a). 



DEPARTMENT OF AGRICULTURE 
Markets 

2 NCAC 43L .0202 - Gate Fees 

Agency Revised Rule 
2 NCAC 43L .0304 - Horse Facility 

Agency Revised Rule 

DEPARTMENT OF COMMERCE 
Banking Commission 

4 NCAC 3C .0201 - Establishment of Branches and Limited Service Facilities 

Agency Revised Rule 
4 NCAC 3C .0202 - Discontinuance 

Agency Revised Rule 
4 NCAC 3C .0204 - Conversion of Branch to Limited Service Facility 

Agency Revised Rule 
4 NCAC 3C .0301 - Change of Location of Main Office, Branch or Ltd Svc Facility 

Agency Revised Rule 
4 NCAC 3C .0901 - Books and Records 

Agency Revised Rule 
4 NCAC 3C . 1001 - Loan Documentation 

Agency Revised Rule 
4 NCAC 3C . 1101 - Definitions: Issuance of Capital Notes and Debentures 

Agency Revised Rule 
4 NCAC 3C . 1302 - Share Purchase and Option Plans 

Agency Revised Rule 
4 NCAC 3C . 1601 - Fees, Copies and Publication Costs 

Agency Revised Rule 

DEPARTMENT OF COMMUNITY COLLEGES 

Community Colleges 

23 NCAC 2C .0604 - Program Review 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management 

15 A NCAC 7H .0306 - General Use Standards for Ocean Hazard Areas 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7H .0308 - Specific Use Standards for Ocean Hazard Areas 

Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
ISA NCAC 7M .0202 - Policy Statements 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 



RRC Objection 


05/18/95 


Obj. Removed 


05/18/95 


RRC Objection 


05/18/95 


Obj. Removed 


05/18/95 



RRC 


' Objection 


05/18/95 


Obj. 


Removed 


05/18/95 


RRC 


' Objection 


05/18/95 


Obj. 


Removed 


05/18/95 


RRC 


' Objection 


05/18/95 


Obj. 


Removed 


05/18/95 


RRC 


' Objection 


05/18/95 


Obj. 


Removed 


05/18/95 


RRC 


' Objection 


05/18/95 


Obj. 


Removed 


05/18/95 


RRC 


1 Objection 


05/18/95 


Obj. 


Removed 


05/18/95 


RRC 


' Objection 


05/18/95 


Obj. 


Removed 


05/18/95 


RRC 


' Objection 


05/18/95 


Obj. 


Removed 


05/18/95 


RRC 


' Objection 


05/18/95 


Obj. 


Removed 


05/18/95 



RRC Objection 



Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 



Eff. 



06/14/95 



RRC Objection 
Obj. Cont'd 



Eff. 



Eff- 



05/18/95 
06/14/95 
06/27/95 
03/16/95 
04/20/95 
04/20/95 
05/04/95 
03/16/95 
04/20/95 
05/04/95 



680 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



RRC OBJECTIONS 



Environmental Management 



15A NCAC 2B .0201 - Antide gradation Policy (Noticed in 9:24, 1073) 

Ride Withdrawn by Agency 
15 A NCAC 2B .0211 - Fresh Surface Water Quality Stds. for Class C Waters (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0212 - Fresh Surface Water Quality Stds. for Class WS-I Waters (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0214 - Fresh Surface Water Quality Stds. for Class WS-II Waters (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0215 - Fresh Surface Water Quality Stds. for Class WS-II1 Waters (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0216 - Fresh Surface Water Quality Stds. for WS-IV Waters (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15 A NCAC 2B .0218 - Fresh Surface Water Quality Stds. for Class WS-V Waters (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15 A NCAC 2B .0219 - Fresh Surface Water Quality Stds. for Class B Waters (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15 A NCAC 2B .0220 - Tidal Salt Water Quality Stds. for Class SC Waters (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0221 - Tidal Salt Water Quality Stds. for Class SA Waters (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0222 - Tidal Salt Water Quality Stds. for Class SB Waters (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0223 - Nutrient Sensitive Waters (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15 A NCAC 2B .0224 - High Quality Waters (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15 A NCAC 2B .0225 - Outstanding Resource Waters (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0226 - Exemptions from Surface Water Quality Standards (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0227 - Water Quality Management Plans (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0228 - Effluent Channels (Noticed in 9:24, 1073) 

Rule Withdrawn by Agency 



06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 



Health: Epidemiology 

15 A NCAC 19 A .0202 - Control Measures - HIV 
HUMAN RESOURCES 
Facility Services 



RRC Objection 



06/14/95 



10 NCAC 30 .0305 - Persons Subject to Licensure 

Agency Revised Rule 
10 NCAC 30 .0506 - Simplified Reporting for Certain Organizations 

Agency Revised Rule 
10 NCAC 30 .0607 - License Year 

Agency Revised Rule 



RRC Objection 


05/18/95 


Obj. Removed 


05/18/95 


RRC Objection 


05/18/95 


Obj. Removed 


05/18/95 


RRC Objection 


05/18/95 


Obj. Removed 


05/18/95 



Medical Assistance 



10 NCAC 26H .0104 - Cost Reporting: Auditing and Settlements 
Rule Withdrawn by Agency 
Agency Resubmitted Rule 



RRC Objection 



04/20/95 
05/18/95 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



681 



RRC OBJECTIONS 



Agency Revised 

10 NCAC 26M .0301 
Agency Revised 
Agency Revised 

10 NCAC 26M .0302 
Agency Revised 
Agency Revised 

10 NCAC 26M .0303 
Agency Revised 

10 NCAC 26M .0304 
Agency Revised 
Rule Withdrawn 

10 NCAC 26M .0305 
Agency Revised 
Rule Withdrawn 

10 NCAC 26M .0306 
Agency Revised 
Agency Revised 

10 NCAC 26M .0307 
Agency Revised 
Rule Withdrawn 

10 NCAC 26M .0308 
Agency Revised 



Rule 

- Program Definition 
Rule 

Rule 

- Access to Care 
Rule 

Rule 

- Patient Informing 
Rule 

- Relationship with Carolina Access 
Rule 

by Agency 

- Relationship with EPSDT program 
Rule 

by Agency 

- Relationship with Sub-Contractors (Renumbered to . 0304) 
Rule 

Rule 

- Utilization Review Requirements 
Rule 

by Agency 

- Enrollee and Sub-Contractor Appeals and Grievances 
Rule (Renumbered to .0305) 



Obj. Removed 


05/18/95 


RRC Objection 


04/20/95 


RRC Objection 


04/20/95 


Obj. Removed 


05/18/95 


RRC Objection 


04/20/95 


RRC Objection 


04/20/95 


Obj. Removed 


05/18/95 


RRC Objection 


04/20/95 


Obj. Removed 


05/18/95 


RRC Objection 


04/20/95 


RRC Objection 


04/20/95 




05/18/95 


RRC Objection 


04/20/95 


RRC Objection 


04/20/95 




05/18/95 


RRC Objection 


04/20/95 


RRC Objection 


04/20/95 


Obj. Removed 


05/18/95 


RRC Objection 


04/20/95 


RRC Objection 


04/20/95 




05/18/95 


RRC Objection 


04/20/95 


Obj. Removed 


05/18/95 



INDEPENDENT AGENCIES 



State Health Plan Purchasing Alliance Board 



24 NCAC 5 .0202 - Establishment of Alliance Market Areas 

Agency Revised Rule 
24 NCAC 5 .0401 - Purpose 

Rule Withdrawn by Agency 
24 NCAC 5 .0402 - Definitions 

Rule Withdrawn by Agency 
24 NCAC 5 .0403 - Application for Membership 

Rule Withdrawn by Agency 
24 NCAC 5 .0404 - Participation Requirements 

Rule Withdrawn by Agency 
24 NCAC 5 .0405 - Annual Renewal 

Rule Withdrawn by Agency 
24 NCAC 5 .0406 - Employer Qualification and Employee Enrollment Period 

Rule Withdrawn by Agency 
24 NCAC 5 .0407 - Waiting Period 

Rule Withdrawn by Agency 
24 NCAC 5 . 0408 - Open Enrollment Period 

Rule Withdrawn by Agency 
24 NCAC 5 .0409 - Enrollment Additions Outside Open Enrollment 

Rule Withdrawn by Agency 
24 NCAC 5 .0410 - Disenrollment of Member Small Employer 

Rule Withdrawn by Agency 
24 NCAC 5 .0411 - Disenrollment ofEnrollees 

Rule WitMrawn by Agency 
24 NCAC 5 .0412 - Continuation of Benefits 

Rule Walidrawn by Agency 
24 NCAC 5 .0413 - Payment to Insurance Agents and Brokers 

Rule Withdrawn by Agency 
24 NCAC 5 .0414 - Alliance Participation Fee 



RRC Objection 
Obj. Removed 



06/14/95 
06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 



682 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



RRC OBJECTIONS 



Rule Withdrawn by Agency 
24 NCAC 5 .0415 - Notification of Rate Changes 

Rule Withdrawn by Agency 
24 NCAC 5 .0416 - Employer Monthly Payment Procedures and Requirements 

Rule Withdrawn by Agency 
24 NCAC 5 ,0417 - Overdue Payments; Late Fees; Termination 

Rule Withdrawn by Agency 
24 NCAC 5 .0418 - Reinstatement Following Termination for Non-Payment 

Rule Withdrawn by Agency 
24 NCAC 5 .0419 - Monthly Payments to AHCS 

Rule Withdrawn by Agency 



06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 
06/14/95 



LABOR 
OSHA 

13 NCAC 7 A .0602 - Definitions 

Agency Revised Rule 
13 NCAC 7 A .0603 - Safety and Health Programs 

Agency Revised Rule 
13 NCAC 7F .0201 - Construction 

Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 

Acupuncture Licensing Board 

21 NCAC 1 .0301 - Standards for Continuing Education 
Agency Revised Rule 

Board of Cosmetic Art Examiners 

21 NCAC 14F .0014 - Salon Renewal 

No Response from Agency 

Agency Revised Rule 
21 NCAC 141 .0401 - App. for Lie. by Individuals Who Have Been Convicted of a Felony 

No Response from Agency 

Agency Revised Rule 
21 NCAC 141 .0402 - Requests for Preapplication Review of Felony Convictions 

No Response from Agency 

Agency Revised Rule 

Board of Licensed Professional Counselors 



RRC 


' Objection 


05/18/95 


Obj. 


Removed 


05/18/95 


RRC 


' Objection 


05/18/95 


Obj. 


Removed 


05/18/95 


RRC 


' Objection 


06/14/95 


Obj. 


Removed 


06/14/95 



RRC Objection 
Obj. Removed 



06/14/95 
06/14/95 



RRC Objection 


03/16/95 


Obj. Cont'd 


04/20/95 


Obj. Removed 


05/18/95 


RRC Objection 


03/16/95 


Obj. Cont'd 


04/20/95 


Obj. Removed 


05/18/95 


RRC Objection 


03/16/95 


Obj. Cont'd 


04/20/95 


Obj. Removed 


05/18/95 



21 NCAC 53 .0208 - Supervised Professional Practice 

Agency Revised Rule 
21 NCAC 53 .0309 - Agreement to Abide by NCBLPC Ethical Standards 

Agency Revised Rule 

Board of Practicing Psychologists 

21 NCAC 54 .2704 - HSP-P Requirements On and After June 30, 1994 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
21 NCAC 54 .2705 - HSP-PP Requirements 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 



RRC 


' Objection 


06/14/95 


Obj. 


Removed 


06/14/95 


RRC 


' Objection 


06/14/95 


Obj. 


Removed 


06/14/95 



RRC 


Objection 




05/18/95 


Obj. 


Cont 'd 




06/14/95 






Eff. 


06/21/95 


RRC 


Objection 




05/18/95 


Obj. 


Cont 'd 


Eff. 


06/14/95 
06/21/95 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



683 



RRC OBJECTIONS 



21 NCAC 54 .2706- HSP-PA Requirements On and After June 30, 1994 
Rule Returned to Agency 
Agency Filed Ride for Codification Over RRC Objection 

Real Estate Commission 

21 NCAC 58E .0203 - Application and Criteria for Original Approval 
Agency Revised Rule 

STATE PERSONNEL 

Office of State Personnel 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Removed 



05/18/95 

06/14/95 

Eff. 06/21/95 



06/14/95 
06/14/95 



25 NCAC IE .0305 - Use of Sick Leave 

Agency Revised Rule 
25 NCAC IE . 1302 - Policy 

Agency Revised Rule 
25 NCAC IE . 1304 - Qualifying to Participate in Voluntary Shared Lea\>e Program 

Agency Revised Rule 
25 NCAC IN .0201 - Purpose (Noticed in 9:23, 2018) 

Rule Withdrawn by Agency 

TRANSPORTATION 

Division of Highways 

19 A NCAC 2B .0221 - General Motorist Services Signs 
Agency Revised Rule 



RRC Objection 


06/14/95 


Obj. Removed 


06/14/95 


RRC Objection 


06/14/95 


Obj. Removed 


06/14/95 


RRC Objection 


06/14/95 


Obj. Removed 


06/14/95 




06/14/95 



RRC Objection 
Obj. Removed 



06/14/95 
06/14/95 



684 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



CONTESTED CASE DECISIONS 



Ihis Section contains thefidl text of some of the more significant Administrative Law Judge decisions along with an index to 
all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of the decisions 
listed in the index and not published are available upon request for a minimal charge by contacting the Office of Administrative 
Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

Division of Purchase and Contract 

Senter-Sanders Tractor Corp. v. Admin., Div of Purchase & Contract 
CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration, 
Div. of Purchase & Contract, et al. 



94 DOA 0803 

95 DOA 0194 



Nesnow 
Phipps 



03/06/95 
06/13/95 



State Construction Office 

W. M. Piatt & Company v. State Construction Office, DOA 

Holland Group, Inc. v. Dept. of Administration, St. Construction Office 



94 DOA 0738 


Nesnow 


04/11/95 


10:3 NCR 


221 


94 DOA 1565 


Nesnow 


06/01/95 


10:7 NCR 


619 



ALCOHOLIC BEVERAGE CONTROL COMMISSION 



Ali Alsaras v. Alcoholic Beverage Control Commission 
Norman D. Forbes v. Alcoholic Beverage Control Commission 
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 
Robert Johnson v. Alcoholic Beverage Control Commission 
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. 
John H. Robinson v. Alcoholic Beverage Control Commission 
Clara and Carson Young v. Alcoholic Beverage Control Commission 
Bryan Lynn Whitaker, Susan Ansley Whitaker v. ABC Commission 
Diamond Club, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Weisner, Inc. 
Robert Louis Reese v. Alcoholic Beverage Control Commission 
Ray E. Bailey v. Alcoholic Beverage Control Commission 
Legwin Z. Williams v. Alcoholic Beverage Control Commission 



94 ABC 0526 


Chess 


94 ABC 0787 


Gray 


94 ABC 1168 


Becton 


94 ABC 1661 


West 


94 ABC 1682 


Chess 


94 ABC 1694 


Mann 


94 ABC 1727 


Morrison 


94 ABC 1729 


Chess 


94 ABC 1784 


Mann 


94 ABC 1803 


Mann 


95 ABC 0068 


West 


95 ABC 0074 


Chess 


95 ABC 0210 


Gray 


95 ABC 0224 


Nesnow 



05/16/95 
03/17/95 
03/07/95 
05/01/95 
05/03/95 
03/29/95 
05/18/95 
05/11/95 
04/19/95 
04/07/95 
06/07/95 
05/25/95 
05/01/95 
05/31/95 



10:6 NCR 417 



CRIME CONTROL AND PUBLIC SAFETY 



Crime Victims Compensation Commission 

John Pavlikianidis v. Victims Compensation Commission 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 

Phyllis H. Steinmetz v. Crime Victims Compensation Commission 

Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comm. 

Wayne L. Utley v. Cnme Victims Compensation Commission 

Sandra H. Hughes v. Victims Compensation Commission 

Kristine S. Ray v. Crime Victims Compensation Commission 

Shirley Moody Myers v. Crime Victims Compensation Commission 

Thomasine Inman v. Crime Victims Compensation Commission 

Irmgard Gordos v. Crime Victims Compensation Commission 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 

Ellen Sherwin v. Crime Vic Comp James Byrum Emp/ Baptist Hosp 

Ella Ruth Jordan v. Gary B. Eichelberger Dir., Crime Vic. Comp. Comm. 

Lynn H. Henderson v. CPS, Victims Compensation Commission 

Larusha Bey v. Crime Victims Compensation Commission 

Percible Gaston v. Crime Victims Compensation Commission 

Juan Aguilar v. Crime Victims Compensation Commission 

Sandra Jones v. Crime Victims Compensation Commission 



94 CPS 0237 


Morrison 


94 CPS 0445* 4 


West 


94 CPS 0542 


West 


94 CPS 1177 


Mann 


94 CPS 1180 


Becton 


94 CPS 1600 


Morrison 


94 CPS 1673 


Chess 


94 CPS 1674 


Chess 


94 CPS 1731 


Nesnow 


94 CPS 1782 


Gray 


95 CPS 0010* 4 


West 


95 CPS 0012 


West 


95 CPS 0181 


West 


95 CPS 0212 


Morrison 


95 CPS 0245 


Reilly 


95 CPS 0270 


Gray 


95 CPS 0356 


Reilly 


95 CPS 0427 


Nesnow 



03/21/95 
05/30/95 
05/16/95 
06/12/95 
03/07/95 
06/09/95 
04/20/95 
04/20/95 
03/09/95 
03/09/95 
05/30/95 
03/22/95 
06/21/95 
05/08/95 
06/02/95 
06/13/95 
06/22/95 
06/02/95 



10:2 NCR 176 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



685 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Concrete Supply Company v. Environment, Health, & Natural Resources 
Setzer Bros. Inc. v. Environment, Health, and Natural Resources 
Environment, Health, & Natural Resources v. Royal James Cafe 
John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR 
and 
Shugart Enterprises, Inc. 
Browning- Ferris Ind. of S. Atlantic, Inc. and Sampson Cty. Disposal, Inc. 
v. Dept. of Environment, Health, and Natural Resources, 

and 
Hoke County and Bladen County 

Coastal Resources 

William C. Young v. Coastal Resources Commission 
and 
Robert L. Casper, Jr. and Mary M. Casper 
Howard C. Slack v. Coastal Resources Comm, EHNR 

Davidson County Heath Department 

John Dee Clodfelter v. Davidson County Health Dept.; EHNR 

Environmental Health 

EEE-ZZZ Lay Drain Compnay, Inc. v. On-Site Wastewater Section, 
Division of Environmental Health 

Environmental Management 

United Screen Printers, Inc. v. EHNR, Div of Environmental Mgmt. 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 

Duke Power Company 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 

Duke Power Company 
United Screen Printers, Inc. v EHNR, Div. of Environmental Mgmt. 
Kenan Oil Company, Inc. v. EHNR, Div. of Environmental Mgmt. 
Moffitt and Pierce Construction, Inc. v. EHNR. Environmental Mgmt. 

Hyde County Health Department 

Fritzner Henry v. Hyde County Health Department 

Macon County Health Department 

Four Residents on Genva Circle v. Macon County Health Department 

Marine Fisheries 

Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries 

Maternal and Child Health 

Jimmy Franklin v. EHNR Maternal &. Child Hlth, Nutrition Services 
Middleburg Variety v. EHNR, Maternal &. Child Health. Nutrition Svcs. 
Taisser Shehadeh v. EHNR, Maternal &. Child Health, Nutrition Svcs. 
Philip Haskins v. EHNR, Div. of Maternal & Child Health 



94 EHR 0950 


Gray 


05/73/95 


10:6 NCR 


414 


94 EHR 1676 


Nesnow 


03/09/95 






94 EHR 1756 


Becton 


06/30/95 


10:8 NCR 


696 


95 EHR 0016 


Phipp6 


03/17/95 







95 EHR 0506 West 



95 EHR 0009 Chess 



95 EHR 0140 Phipps 



94 EHR 1037 Chess 



94 EHR 0745 Chess 



94 EHR 0924 



94 EHR 1202 



94 EHR 1786 



Gray 



Nesnow 



Chess 



06/13/95 



06/13/95 



03/22/95 



03/13/95 



04/24/95 



91 EHR 1179* 5 


West 


05/30/95 


92 EHR0021- 1 


Gray 


04/03/95 


92 EHR 0053*' 


Gray 


04/03/95 


93 EHR 0273* 5 


West 


05/30/95 


94 EHR 0894 


Nesnow 


05/08/95 


94 EHR 1755 


West 


06/06/95 



03/09/95 



03/27/95 



16 22 95 



94 EHR 0288 


Gray 


05/22/95 


94 EHR 1601 


Chess 


05/01/95 


94 EHR 1711 


Chess 


05/02/95 


94 EHR 1777 


Chess 


03/09/95 



10:2 NCR 185 



Consolidated cases. 



686 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 

DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



New Hanover County Health Department 

Gus ICalogiros v. New Hanover Co. (Health Dept.), Adm & Env. Svcs 

Put County Public Health Center 

Mary Joyner Dudley v. Pitt County Public Health Center &. EHNR 

EQUAL EMPLOYMENT OPPORTUNITY 

Marsha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 

HUMAN RESOURCES 

Helen J. Walls, D/B/A Walls Young World v. Dept. of Human Resources 
Veronica Spearman, John P. Spearman v. Dept. of Human Resources 

Division of Child Development 

Iola Malloy v. DHR, Division of Child Development 
Esther Elder v. DHR, Division of Child Development 
Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev. 

FacUity Services 

William H. Cooke v. DHR, Division of Facility Services 
Mildred Reece, Calvin Reece v. DHR, Division of Facility Svcs, 
Domiciliary & Group Care Section 

Bingo Licensure Section 

The Regular Veterans Association of the United Slates and the Sixteen 
Posts of the Regular Veterans Association of the United States and the 
Regular Veterans Association Auxiliary Located in the Stale of North 
Carolina v. DHR, Division of Facility Services, Bingo Licensure Section 

Certificate of Need Section 

The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
Retirement Villages, Inc. (Lessor), and Liberty Healthcare Ltd. 

Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, 

Division of Facility Services, Certificate of Need Section 
and 

Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ 

Wallace, Inc. 

Office of Emergency Medical Services 

Charles M. Erwin v. DHR, Facility Svcs, Off. of Emgcy. Medical Svcs. 
Division of Medical Assistance 

A.S., by and through her agent and personal representative, Hank Neal 

v. DHR, Division of Medical Assistance 
D.A.., by and through his agent and personal representative. Hank Neal 

v. DHR, Division of Medical Assistance 



94 EHR 1073 



94 EHR 1043 



90 EEO 0379 



94 DHR 1362 

95 DHR 0216 



94 DHR 0565 
94 DHR 1783 



95 DHR 0040 



Morrison 



Gray 



Chess 



Becton 
Reilly 



Gray 
Gray 



Morrison 



94 DHR 01 97* 2 Reilly 



94 DHR 0198* 2 Reilly 



94 DHR 0403 Chess 



92 DHR 1697 Chess 

93 DHR 1736 Reilly 
93 DHR 1737 Reilly 



04/28/95 



06/27/95 



04/03/95 



03/20/95 
06/02/95 



94 DHR 0849 


Mann 


03/03/95 


94 DHR 1771 


Reilly 


03/17/95 


95 DHR 0450 


Phipps 


06/02/95 



03/16/95 
03/16/95 



04/13/95 



04/05/95 



04/05/95 



12/14/94 



05/16/95 



05/22/95 
05/22/95 



10:6 NCR 409 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



687 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Division of Social Services 

Child Support Enforcement Section 

Daniel J. Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Dennis E. Barkley v. Department of Human Resources 
Clement McMillan v. Department of Human Resources 
Larry James Walker Jr. v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
John D. Bird v. Department of Human Resources 
Lacy Green, Jr. v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
Edwin A. Clarke v. Department of Human Resources 
Wolfgang R. Walker v. Department of Human Resources 
Wyatt Roseboro v. Department of Human Resources 
Lloyd Lane Speake v. Department of Human Resources 
Raymond E. Dresser v. Department of Human Resources 
Terry L. Yoder v. Department of Human Resources 
Ronald E. Lewis v. Department of Human Resources 
Richard L. Hiott v. Department of Human Resources 
Cecil Ray Hinshaw' v. Department of Human Resources 
Terry C. Brown V. Department of Human Resources 
Paul R. Johnson v. Department of Human Resources 
Henry C. Banks v. Department of Human Resources 
Lucille B. Dutter v. Department of Human Resources 
Charles Bascom Kiker v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Tony M. Tart v. Department of Human Resources 
Wade E. Hampton v. Department of Human Resources 
Gary Jay Stocks v. Department of Human Resources 
Paul E. Strawcutter v. Department of Human Resources 
John L. Osborne (Jr.) v. Department of Human Resources 
Richard L. Garver v. Department of Human Resources 
Cary G. Dannelly v. Department of Human Resources 
Robert G Baker v. Department of Human Resources 
Tyrone Waddell v. Department of Human Resources 
Bernard T. Wade v. Department of Human Resources 
Willie Scott v. Department of Human Resources 
Rochester Levi Jones v. Department of Human Resources 
Timothy Brian Eller v. Department of Human Resources 
Morgan Pate, Jr. v. Department of Human Resources 
Robert E. Dudley, Sr. v. Department of Human Resources 
Julian Lattimore v. Department of Human Resources 
James McFadden v. Department of Human Resources 
Anthony D. McCain v. Department of Human Resources 
John C. Kay v. Department of Human Resources 
Raymond B. Clontz Jr. v. Department of Human Resources 
James C. Rogers v. Department of Human Resources 
Ruby Fewell Henry v. Department of Human Resources 
Michael Leon McCain v. Department of Human Resources 
George C. Flowers v. Department of Human Resources 
Kendnck W'illiam Sims v. Department of Human Resources 
Carl E. Coffey v. Department of Human Resources 
Roderick J. Smith v. Department of Human Resources 
Richard Dill v. Department of Human Resources 
Jonathan D. Caulhen v. Department of Human Resources 
Ronnie J. Goins v. Department of Human Resources 
Ted C. Jenkins v. Department of Human Resources 
Anthony J. Gibbons v. Department of Human Resources 
Grant Jules Marks v. Department of Human Resources 
Aaron C. Hams v. Department of Human Resources 
Donald L. Costello Sr. v. Department of Human Resources 
Kelvin L. Lankford v. Department of Human Resources 



91 CSE 1103 


Morrison 


03/03/95 


92CSE 


1449 


Reilly 


03/29/95 


92 CSE 


1559 


Rcilly 


03/29/95 


93 CSE 


1088 


Chess 


03/20/95 


93 CSE 1123* 3 


Reilly 


05/16/95 


93 CSE 


1169 


Chess 


03/08/95 


93 CSE 


1187 


Reilly 


06/30/95 


93 CSE 


1208 


Chess 


03/08/95 


93 CSE 


1255 


Morrison 


06/12/95 


93 CSE 


1268 


Chess 


03/08/95 


93 CSE 


1272 


Gray 


06/26/95 


93 CSE 1295 


Chess 


03/08/95 


93 CSE 


1317 


Becton 


04/04/95 


93 CSE 


1319 


Chess 


03/08/95 


93 CSE 


1374 


Gray 


04/28/95 


93 CSE 


1423 


Becton 


04/25/95 


93 CSE 


1451 


Chess 


03/22/95 


93 CSE 


1459 


Reilly 


06/23/95 


93 CSE 


1498 


Nesnow 


06/02/95 


93 CSE 


1508 


Mann 


05/18/95 


93 CSE 


1509 


Mann 


04/21/95 


93 CSE 


1513 


Gray 


05/08/95 


93 CSE 


1516 


Morrison 


05/08/95 


93 CSE 


1546 


Gray 


06/27/95 


93 CSE 


1556 


Chess 


03/22/95 


93 CSE 


1558 


Chess 


03/13/95 


93 CSE 1561 


Mann 


04/21/95 


93 CSE 1566** 


Gray 


05/31/95 


93 CSE 


1588 


Becton 


06/08/95 


93 CSE 


1593 


Chess 


04/20/95 


93 CSE 


1652 


Chess 


03/21/95 


93 CSE 1713 


Mann 


03/13/95 


94 CSE 0140 


Mann 


05/30/95 


94 CSE 0512 


Becton 


06/12/95 


94 CSE 


1033 


Nesnow 


03/24/95 


94 CSE 


1094 


Chess 


03/06/95 


94 CSE 


1096 


Mann 


05/30/95 


94 CSE 


1101 


Becton 


04/03/95 


94 CSE 


1109 


Chess 


06/28/95 


94 CSE 


1116 


Chess 


05/15/95 


94 CSE 


1119 


Reilly 


03/29/95 


94 CSE 


1127 


Mann 


03/20/95 


94 CSE 


1128 


Mann 


03/31/95 


94 CSE 


1131 


Reilly 


03/13/95 


94 CSE 


1132 


West 


03/14A5 


94 CSE 


1141 


Nesnow 


05/16/95 


94 CSE 


1143 


Chess 


04/13/95 


94 CSE 


1149 


Nesnow 


03/03/95 


94 CSE 


1153 


Gray 


04/04/95 


94 CSE 


1157 


Nesnow 


03/16/95 


94 CSE 


1158 


Becton 


05/16/95 


94 CSE 


1184 


Mann 


05/02/95 


94 CSE 


1186 


Chess 


05/01/95 


94 CSE 


1191 


West 


05/25/95 


94 CSE 


1193 


Becton 


06C6/95 


94 CSE 


1195 


Mann 


03/29/95 


94 CSE 


1213 


Chess 


06/01/95 


94 CSE 


1214 


Chess 


06/01/95 


94 CSE 


1218 


Gray 


03/15/95 


94 CSE 


1219 


Gray 


03/15/95 


94 CSE 


1222 


Morrison 


06/13/95 


94 CSE 


1225 


Reilly 


04/10/95 


94 CSE 


1228 


West 


03/17/95 


94 CSE 1229 


West 


03/17/95 



688 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



CONTESTED CASE DECISIONS 



AGENCY 



Jeffrey Thomas Chambers v. Department of Human Resources 

Robert J. Holden v. Department of Human Resources 

Janet M. Johnson v. Department of Human Resources 

Michael L. Wright v. Department of Human Resources 

Terry S. Gurganus v. Department of Human Resources 

John Napoleon Window Cross Pullium v. Dept of Human Resources 

Charles F. Haag Jr. v. Department of Human Resources 

Michael J. Montroy v. Department of Human Resources 

Linton Durante v. Department of Human Resources 

Timothy Rex Waddell v. Department of Human Resources 

Clarence Benjamin Banks Jr. v. Department of Human Resources 

Dennis L. Moore v. Department of Human Resources 

John Carroll Rodgers v. Department of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

Kimberly M. Rinaldi, Robert L. Rinaldi v. Dept. of Human Resources 

David House v. Department of Human Resources 

Aqustin S. Sanchez v. Department of Human Resources 

Fred Carter Jr. v. Department of Human Resources 

Ricky Ratliff v. Department of Human Resources 

Willie McNeil Jr. v. Department of Human Resources 

Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v Department of Human Resources 

Paul A. Card v. Department of Human Resources 

James P. Barton, HI v. Department of Human Resources 

Damn Yancey v. Department of Human Resources 

Douglas L. Lucas v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Michael Lynn Avery v. Department of Human Resources 

Elvis M. Graham v. Department of Human Resources 

Shawn Fonvilie v. Department of Human Resources 

James Lee, Jr. v. Department of Human Resources 

Noah L. Houston, Sr. v. Department of Human Resources 

Shannon Vanderaa v. Department of Human Resources 

Anthony Murray v. Department of Human Resources 

Tommy L. Burchfield v. Department of Human Resources 

Gregory A. Rodrigues v. Department of Human Resources 

Larry R. Bales v. Department of Human Resources 

Karl Philip Jursen v. Department of Human Resources 

David Harrington v. Department of Human Resources 

Sterling Womack v. Department of Human Resources 

Hubert Bowe v. Department of Human Resources 

Edward Fitch v. Department of Human Resources 

Otis Lewis Jr. v. Department of Human Resources 

Robert F. Catoe Jr. v. Department of Human Resources 

William Anthony Winchester v. Department of Human Resources 

Aaron L. Clark v. Department of Human Resources 

Vincent R. Valles Sr. v. Department of Human Resources 

Gary W. Gibson v. Department of Human Resources 

Mark A. West v. Department of Human Resources 

John E. Bolas Jr. v. Department of Human Resources 

Gary C. Wiggins v. Department of Human Resources 

Rhonnie J. Williams v. Department of Human Resources 

Danny Ray Hensley v. Department of Human Resources 

Rawn Weigel v. Department of Human Resources 

David C. Glenn v. Department of Human Resources 

Marc F. Carboni v. Department of Human Resources 

Ivy M. Harvell v. Department of Human Resources 

Terry L. McMillon v. Department of Human Resources 

Garry G. Hickman v. Department of Human Resources 

Willie Herring v. Department of Human Resources 

Joe C. Dean v. Department of Human Resources 

Jimmie E. Barnes v. Department of Human Resources 

Cecilia Carmosino v. Department of Human Resources 

Marvin F. Walker v. Department of Human Resources 

Richard J. Almeida v. Department of Human Resources 

Michael R. French v. Department of Human Resources 

William R. Casey v. Department of Human Resources 

John A. Jackson v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1231 


Nesnow 


03/03/95 


94 CSE 1232 


Nesnow 


03/15/95 


94 CSE 1236 


Mann 


06/02/95 


94 CSE 1237 


Gray 


03/15/95 


94 CSE 1239 


Gray 


03/02/95 


94 CSE 1241 


Gray 


03/15/95 


94 CSE 1242 


Gray 


05/31/95 


94 CSE 1244 


Morrison 


03/13/95 


94 CSE 1245 


Morrison 


06/26/95 


94 CSE 1246 


Morrison 


06/26/95 


94 CSE 1247 


Morrison 


05/17/95 


94 CSE 1249 


Morrison 


03/02/95 


94 CSE 1251 


Rcilly 


05/18/95 


94 CSE 1254 


Reilly 


03/13/95 


94 CSE 1255 


ReiUy 


05/18/95 


94 CSE 1256 


Reilly 


03/15/95 


94 CSE 1259 


West 


03/06/95 


94 CSE 1260 


West 


05/22/95 


94 CSE 1261 


West 


03/17/95 


94 CSE 1262 


West 


03/17/95 


94 CSE 1263 


West 


03/17/95 


94 CSE 1264 


West 


03/17/95 


94 CSE 1266 


Nesnow 


03/13/95 


94 CSE 1267 


Nesnow 


06/02/95 


94 CSE 1269 


Nesnow 


03/15/95 


94 CSE 1270 


Nesnow 


03/15/95 


94 CSE 1272 


Becton 


03/15/95 


94 CSE 1274 


Becton 


03/15/95 


94 CSE 1275 


Becton 


03/15/95 


94 CSE 1277 


Becton 


03/06/95 


94 CSE 1280 


Chess 


04/10/95 


94 CSE 1284 


Chess 


04/26/95 


94 CSE 1286 


Mann 


03/21/95 


94 CSE 1287 


Mann 


03/21/95 


94 CSE 1289 


Mann 


03/21/95 


94 CSE 1300 


Mann 


03/21/95 


94 CSE 1302 


Gray 


03/02/95 


94 CSE 1303 


Gray 


03/15/95 


94 CSE 1304 


Morrison 


05/22/95 


94 CSE 1305 


Momson 


05/18/95 


94 CSE 1308 


Mann 


05/18/95 


94 CSE 1313 


Mann 


05/02/95 


94 CSE 1314 


Mann 


03/21/95 


94 CSE 1329 


Morrison 


03/15/95 


94 CSE 1331 


Reilly 


03/15/95 


94 CSE 1332 


Reilly 


03/15/95 


94 CSE 1333 


West 


03/17/95 


94 CSE 1334 


West 


03/06/95 


94 CSE 1335 


West 


03/17/95 


94 CSE 1336 


Nesnow 


03/15/95 


94 CSE 1338 


Nesnow 


03/15/95 


94 CSE 1339 


Beclon 


03/15/95 


94 CSE 1340 


Becton 


03/15/95 


94 CSE 1342 


Chess 


05/22/95 


94 CSE 1343 


Chess 


04/20/95 


94 CSE 1344 


Chess 


06/01/95 


94 CSE 1345 


Mann 


03/21/95 


94 CSE 1346 


Mann 


03/21/95 


94 CSE 1348 


Gray 


03/15/95 


94 CSE 1350 


Morrison 


03/02/95 


94 CSE 1351 


Morrison 


03/15/95 


94 CSE 1352 


Reilly 


03/03/95 


94 CSE 1354 


West 


03/17/95 


94 CSE 1355 


West 


03/17/95 


94 CSE 1357 


Nesnow 


03/15/95 


94 CSE 1359 


Becton 


03/15/95 


94 CSE 1369 


Mann 


05/02/95 


94 CSE 1370 


Mann 


03/07/95 



PUBLISHED DECISION 
RECISTER CITATION 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



689 



CONTESTED CASE DECISIONS 



AGENCY 



Michael R. Roberts v. Department of Human Resources 

Cleothis B. Smith v. Department of Human Resources 

Leroy Johnson Jr. v. Department of Human Resources 

James Patterson v. Department of Human Resources 

Thomas Colon v. Department of Human Resources 

Walter Swiraiak Jr. v. Department of Human Resources 

Marion Rodriguez v. Department of Human Resources 

Jerry L. White Sr. v. Department of Human Resources 

Dennis James Grimes v. Department of Human Resources 

Scott John Tozzi v. Department of Human Resources 

Roger A. Eaton v. Department of Human Resources 

Willie J. Rowers Jr. v. Department of Human Resources 

Jeffrey James Spence v. Department of Human Resources 

Byron C. Alston v. Department of Human Resources 

Oliver Lee Wolfe Sr. v. Department of Human Resources 

James Tracy Strickland v. Department of Human Resources 

Michael K. Reese v. Department of Human Resources 

Albert D. Johnson v. Department of Human Resources 

Johnny A. Stroud v. Department of Human Resources 

Richard G. Med ford, Jr. v. Department of Human Resources 

Theresa Strader v. Department of Human Resources 

James F. Williams v. Department of Human Resources 

John Bell Shelton v. Department of Human Resources 

Kennedy C. Uzomha v. Department of Human Resources 

Marion A. Ward v. Department of Human Resources 

Robert H. Owens v. Department of Human Resources 

Samuel A. Lewis v. Department of Human Resources 

Robert Lee Wall v. Department of Human Resources 

James M. Breaden Jr. v. Department of Human Resources 

Peter G. Coley v. Department of Human Resources 

Benjamin Nuriddin v. Department of Human Resources 

Robert L. Carter v. Department of Human Resources 

Danny Columbus Baker v. Department of Human Resources 

Duke William Dupre' v. Department of Human Resources 

Audrey Jennings v. Department of Human Resources 

Michael A. Camp v. Department of Human Resources 

Martin J. Miller v. Department of Human Resources 

Willie Cherry, Jr. v. Department of Human Resources 

William V. Glennon v. Department of Human Resources 

Alaster Williams v. Department of Human Resources 

Henry L. Gibbs v. Department of Human Resources 

Roger Gene Fehlhaber v. Department of Human Resources 

Lawrence Dow Dean v. Department of Human Resources 

Beau L. Miller v. Department of Human Resources 

Claude E. Alston v. Department of Human Resources 

Elizabeth F. West v. Department of Human Resources 

John H. Underwood v. Department of Human Resources 

James T. Dudley Jr. v. Department of Human Resources 

Lori Davis Humphrey v. Department of Human Resources 

Robert L. Freeland, Jr. v. Department of Human Resources 

Antonio Darden (IV-D #1237637) v. Department of Human Resources 

Antonio Darden (IV-D #1280116) v. Department of Human Resources 

Antonio Darden (IV-D #1233347) v. Department of Human Resources 

Michael Shannon v. Department of Human Resources 

Cyrus R. Luallen v. Department of Human Resources 

Harold Dean Horn v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Department of Human Resources 

Lee R. Jones v. Department of Human Resources 

Randy Norris Willis v. Department of Human Resources 

Michael E. Bellamy v. Department of Human Resources 

Eddie James Johnson v. Department of Human Resources 

Coley C. Matthews v. Department of Human Resources 

Willie J. Gadson v. Department of Human Resources 

Joseph K. Gale wood V, Department of Human Resources 

Donald Lee Bare Li tT v. Department of Human Resources 

James W. Nunnery v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1371 


Mann 


03/21/95 


94 CSE 1373 


Gray 


03/15/95 


94 CSE 1377 


Mann 


03/31/95 


94 CSE 1378 


Morrison 


03/15/95 


94 CSE 1379 


Reilly 


03/15/95 


94 CSE 1382 


West 


03/17/95 


94 CSE 1385 


Nesnow 


03/03/95 


94 CSE 1387 


Nesnow 


03/15/95 


94 CSE 1388 


Becton 


03/15/95 


94 CSE 1389 


Becton 


03/15/95 


94 CSE 1392 


Gray 


03/09/95 


94 CSE 1393 


Morrison 


03/15/95 


94 CSE 1394 


Reilly 


03/15/95 


94 CSE 1396 


Nesnow 


03/03/95 


94 CSE 1397 


Mann 


03/31/95 


94 CSE 1398 


Mann 


03/31/95 


94 CSE 1412 


Gray 


03/31/95 


94 CSE 1413 


Gray 


06/26/95 


94 CSE 1414 


Gray 


06/27/95 


94 CSE 1415 


Morrison 


03/02/95 


94 CSE 1416 


Morrison 


03/21/95 


94 CSE 1417 


Morrison 


03/21/95 


94 CSE 1419 


Morrison 


06/26/95 


94 CSE 1420 


Reilly 


04/03/95 


94 CSE 1421 


Reilly 


03/03/95 


94 CSE 1423 


Reilly 


06/02/95 


94 CSE 1424 


Reilly 


04/03/95 


94 CSE 1425 


West 


03/31/95 


94 CSE 1426 


West 


03/31/95 


94 CSE 1427 


West 


03/31/95 


94 CSE 1429 


West 


03/31/95 


94 CSE 1430 


Nesnow 


03/24/95 


94 CSE 1431 


Nesnow 


03/24/95 


94 CSE 1432 


Nesnow 


03/24/95 


94 CSE 1433 


Nesnow 


03/24/95 


94 CSE 1435 


Becton 


03/06/95 


94 CSE 1436 


Becton 


03/06/95 


94 CSE 1439 


Chess 


03/03/95 


94 CSE 1444 


Mann 


03/07/95 


94 CSE 1445 


Gray 


03/02/95 


94 CSE 1446 


Morrison 


03/21/95 


94 CSE 1447 


Reilly 


04/03/95 


94 CSE 1450 


Gray 


06/09/95 


94 CSE 1452 


West 


03/07/95 


94 CSE 1454 


Nesnow 


04/17/95 


94 CSE 1455 


Nesnow 


03/07/95 


94 CSE 1456 


Nesnow 


04/17/95 


94 CSE 1457 


Nesnow 


04/28/95 


94 CSE 1459 


Becton 


03/06/95 


94 CSE 1460 


Becton 


04/07/95 


94 CSE 1461 


Becton 


04/07/95 


94 CSE 1462 


Becton 


04/07/95 


94 CSE 1463 


Becton 


04/07/95 


94 CSE 1466 


Chess 


06/09/95 


94 CSE 1470 


Mann 


03/31/95 


94 CSE 1471 


Mann 


03/07/95 


94 CSE 1472 


Mann 


03/07/95 


94 CSE 1473 


Gray 


03/02/95 


94 CSE 1474 


Gray 


03/09/95 


94 CSE 1475 


Gray 


05/19/95 


94 CSE 1476 


Morrison 


03/21/95 


94 CSE 1477 


Morrison 


03/02/95 


94 CSE 1478 


Morrison 


03/02/95 


94 CSE 1479 


Morrison 


03/21/95 


94 CSE 1480 


Reilly 


04/10/95 


94 CSE 1481 


Reilly 


06/26/95 


94 CSE 1482 


Reilly 


04/10/95 


94 CSE 1484 


Nesnow 


04/17/95 



PUBLISHED DECISION 
REGISTER CITATION 



690 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



CONTESTED CASE DECISIONS 



AGENCY 



William Leroy Watkins v. Department of Human Resources 

Bailey White v. Department of Human Resources 

Peter Ian Obveira v. Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Wesley Kelvin Cook v. Department of Human Resources 

Everett Lee Hunt v. Department of Human Resources 

Ricky S. Blake v. Department of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Carlos L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Timothy Mark Johnson v. Department of Human Resources 

Alan W. Karsner v. Department of Human Resources 

Walter J. Sturdivant v. Department of Human Resources 

Volna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O. Biggs v. Department of Human Resources 

Keith Dewayne Senters v. Department of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Jay C. Edwards, IH v. Department of Human Resources 

William Hyman v. Department of Human Resources 

Mahalon E. White v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Ashton Berry Gatlin v. Department of Human Resources 

Louis Cragg ID v. Department of Human Resources 

Dennis Micheal Sanders v. Department of Human Resources 

David A. Gaskins v Department of Human Resources 

Kevin Ervin Kelley v. Department of Human Resources 

Ellen Downing v. Department of Human Resources 

Charles R. Hauley v. Department of Human Resources 

Michael L. Schadler v. Department of Human Resources 

Owen B. Fisher Jr. v. Department of Human Resources 

Robin Delmar Goods v. Department of Human Resources 

Julio Alvarado Jr. v. Department of Human Resources 

Thomas A. Morgan v. Department of Human Resources 

Terrence R. McLaughlin v. Department of Human Resources 

Johnnie V. Johnson v. Department of Human Resources 

Ward F. Miller v. Department of Human Resources 

Joel P. Roth v. Department of Human Resources 

Atward T. Warren v. Department of Human Resources 

Albert Noah Dunlap v. Department of Human Resources 

James E. Davis v. Department of Human Resources 

Roger T. Benoy v. Department of Human Resources 

Spencer P. Johnson v. Department of Human Resources 

James A. Bryant v. Department of Human Resources 

Conrade Dunklin v. Department of Human Resources 

Kenneth J. Balfour v. Department of Human Resources 

Willie A. Harris v. Department of Human Resources 

Walter T. Townsend Jr. v. Department of Human Resources 

Dennis W. Nolan v. Department of Human Resources 

Roderick Odell Adams v. Department of Human Resources 

Jonathan L. Payne II v. Department of Human Resources 

Charles Scott Wilhoit v. Department of Human Resources 

Mickey Bridget! v. Department of Human Resources 

John Kimmons v. Department of Human Resources 

Randolph J. Nunn v. Department of Human Resources 

David Lester Gordon v. Department of Human Resources 

Larry James Walker, Jr. v. Department of Human Resources 

Wade A. Burgess v. Department of Human Resources 

Anthony Harrison v. Department of Human Resources 

Michael D. Tyree v. Department of Human Resources 

Edward Fisher v. Department of Human Resources 

Bernard Cooper v. Department of Human Resources 

William Gray v. Department of Human Resources 

Edward Lockhart v. Department of Human Resources 

Jimmy R. Jackson v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94CSE 


1486 


Nesnow 


04/17/95 


94CSE 


1487 


Nesnow 


05/23/95 


94CSE 


1489 


Becton 


03/07/95 


94CSE 


1491 


Becton 


03/07/95 


94CSE 


1492 


Becton 


04/07/95 


94CSE 


1493 


Chess 


06/01/95 


94CSE 


1495 


Chess 


06/22/95 


94CSE 


1496 


Chess 


06/28/95 


94CSE 


1499 


Mann 


03/31/95 


94 CSE 


1500 


Mann 


03/31/95 


94CSE 


1502 


Mann 


05/02/95 


94 CSE 


1503 


Mann 


05/02/95 


94 CSE 


1504 


Gray 


06/26/95 


94 CSE 


1505 


Gray 


04/07/95 


94 CSE 


1508 


Gray 


03/31/95 


94 CSE 


1511 


Gray 


03/02/95 


94 CSE 1512 


Gray 


04/07/95 


94 CSE 


1513 


Gray 


04/28/95 


94 CSE 


1533 


Morrison 


03/02/95 


94 CSE 


1534 


Morrison 


04/06/95 


94 CSE 


1535 


Morrison 


06/26/95 


94 CSE 


1537 


Morrison 


04/06/95 


94 CSE 


1538 


Reilly 


03/03/95 


94 CSE 


1539 


ReiUy 


03/07/95 


94 CSE 


1541 


Reilly 


03/07/95 


94 CSE 


1542 


Reilly 


04/10/95 


94 CSE 


1543 


West 


03/06/95 


94 CSE 


1544 


West 


06/23/95 


94 CSE 


1548 


West 


05/22/95 


94 CSE 


1549 


Nesnow 


06/02/95 


94 CSE 1553 


Nesnow 


03/30/95 


94 CSE 


1554 


Becton 


03/07/95 


94 CSE 


1555 


Becton 


03/07/95 


94 CSE 1562 


Becton 


04/07/95 


94 CSE 


1563 


Becton 


04/07/95 


94 CSE 


1564 


Becton 


05/22/95 


94 CSE 1567 


Chess 


06/02/95 


94 CSE 


1569 


Chess 


03/07/95 


94 CSE 


1570 


Chess 


06/28/95 


94 CSE 


1571 


Chess 


04/19/95 


94 CSE 


1572 


West 


03/14/95 


94 CSE 


1573 


West 


03/31/95 


94 CSE 


1577 


Reilly 


04/10/95 


94 CSE 


1578 


Reilly 


04/10/95 


94 CSE 


1579 


Reilly 


03/03/95 


94 CSE 


1580 


Reilly 


04/10/95 


94 CSE 


1582 


Morrison 


04/06/95 


94 CSE 


1583 


Morrison 


04/06/95 


94 CSE 


1584 


Morrison 


03/07/95 


94 CSE 


1586 


Morrison 


04/06/95 


94 CSE 


1587 


Gray 


04/28/95 


94 CSE 


1590 


Gray 


03/31/95 


94 CSE 


1591 


Gray 


04/07/95 


94 CSE 


1592 


Morrison 


04/06/95 


94 CSE 


1594 


Reilly 


04/21/95 


94 CSE 


1595 


West 


05/08/95 


94 CSE 


1596 


Nesnow 


04/17/95 


94 CSE 1608 


Mann 


03/21/95 


94 CSE 1609 


Mann 


03/13/95 


94 CSE 1610 


Chess 


06/01/95 


94 CSE 


1611 


Chess 


06/09/95 


94 CSE 1615 


Becton 


04/07/95 


94 CSE 


1619 


Becton 


04/07/95 


94 CSE 


1621 


Becton 


04/07/95 


94 CSE 


1623 


Nesnow 


04/17/95 


94 CSE 


1645 


Becton 


04/25/95 


94 CSE 


1646 


Chess 


06/02/95 


94 CSE 


1648 


Gray 


03/09/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



691 



CONTESTED CASE DECISIONS 



AGENCY 



Mark A. Jones v. Department of Human Resources 
Ondino Damota Freitas v. Department of Human Resources 
Tony Monzell Perry v. Department of Human Resources 
Frank M. Swell v. Department of Human Resources 
James B. Stokes Jr. v. Department of Human Resources 
Andrew P. Jergens v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Eric L. McDonald v. Department of Human Resources 
Herbert T. Robertson v. Department of Human Resources 
Kenny R. Bradshaw v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Ronnie P. Stephens v. Department of Human Resources 
Anthony B. Gardner v. Department of Human Resources 
Lewis M. Scarborough v. Department of Human Resources 
Robert Larry Martin v. Department of Human Resources 
Dwane M. Williams v. Department of Human Resources 
Joseph O. Evans v. Department of Human Resources 
Donald E. Kirby v. Department of Human Resources 
Paul R. Ross v. Department of Human Resources 
Bobby Dain Massey v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Carol Jeanne Deese v. Department of Human Resources 
Joyce Ann Wilkinson v. Department of Human Resources 
Levern Wilson, Jr. v. Department of Human Resources 
Michael A. Bradford v. Department of Human Resources 
Johnny C. Cole v. Department of Human Resources 
Rasoul Behboudi v. Department of Human Resources 
William Rann v. Department of Human Resources 
Matthew L. Ward v. Department of Human Resources 
Sanders Gilliard Hunter v. Department of Human Resources 
Clarence O. Hilliard v. Department of Human Resources 

Distribution Child Support 
Lisa J. Hill v. DHR, Div. of Social Svcs., Child Support Enf. Section 

Rockingham County Department of Social Services 
Crystean Fields v. Rockingham County DSS 

Wake County Social Services 

Grace A. Wright v. Wake County Social Services., Suzanne Woodell 
and Craig Glenn 

INSURANCE 

Grace F. Watkins v. Teachers' & St. Emp. Comp. Major Med. Plan 
Billy Gene Campbell v. Department of Insurance 

JUSTICE 



CAi 


5E 




DATE OF 


NUMBKR 


ALJ 


DECISION 


94CSE 


1649 


Morrison 


03/07/95 


94CSE 


1650 


Reilly 


03/07/95 


94CSE 


1651 


West 


04/07/95 


94 CSE 1652* 3 


Reilly 


05/16/95 


94 CSE 


1653 


Becton 


04/07/95 


94 CSE 


1655 


Mann 


05/22/95 


94 CSE 


1656 


Gray 


03/02/95 


94 CSE 


1657 


Morrison 


04/06/95 


94 CSE 


1679 


Chess 


06/28/95 


94 CSE 


1700 


Reilly 


04/10/95 


94 CSE 1702 


Becton 


04/07/95 


94 CSE 


1703 


Chess 


06/28/95 


94 CSE 


1704 


Mann 


05/02/95 


94 CSE 


1725 


West 


05/25/95 


94 CSE 


1750 


Chess 


03/21/95 


94 CSE 


1759 


Nesnow 


06/09/95 


94 CSE 


1766 


Chess 


03/21/95 


94 CSE 


1767 


Reilly 


03/03/95 


94 CSE 


1778 


West 


03/06/95 


94 CSE 


1798 


Gray 


04/27/95 


94 CSE 


1799** 


Gray 


05/31/95 


94 CSE 


1814 


Momson 


04/27/95 


95 CSE 0071 


Becton 


04/04/95 


95 CSE 0073 


Chess 


06/28/95 


95 CSE 0116 


Mann 


05/25/95 


95 CSE 0118 


Reilly 


06/22/95 


95 CSE 0147 


West 


05/18/95 


95 CSE 0273 


Phipp6 


06/27/95 


95 CSE 0280 


Phipp6 


06/27/95 


95 CSE 0284 


Phipps 


05/22/95 


95 CSE 0371 


Reilly 


05/25/95 



PUBLISHED DECISION 
REGISTER CITATION 



95 DCS 0239 



95 DHR 0316 



94 DHR 1618 



94 INS 1639 

95 INS 0143 



Phipps 



Reilly 



Chess 



Chess 
Reilly 



05/02/95 



06/01/95 



05/03/95 



05/24/95 
04/20/95 



Alarm Systems Licensing Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 

Education and Training Standards Division 

Ricky Dale McDevitt v. Sheriffs Ed. & Training Stds. Comm. 
Reginald Keith Goffington v. Ciminal Justice Ed. & Training Stds. Comm. 
Nervin Joseph DeDeaux v. Criminal Justice Ed. &. Training Stds. Comm. 
Tony Lamont Blackmon v. Criminal Justice Ed. & Training Stds. Comm. 
Constance F. Lawrence v. Sheriffs Ed. & Training Stds. Comm. 
Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm. 
Richard Dan Wuchte v. Criminal Justice Ed. & Training Stds. Comm. 



94 DOJ 1825 



Reilly 



03/09/95 



94 DOJ 1710 


Nesnow 


05/04/95 


10:5 NCR 


324 


95 DOJ 0028 


Becton 


06/08/95 






95 DOJ 0029 


Reilly 


05/16/95 






95 DOJ 0043 


Reilly 


06/02/95 






95 DOJ 0076 


Morrison 


04/06/95 






95 DOJ 0101 


Morrison 


06/13/95 


10:7 NCR 


627 


95 DOJ 0401 


Nesnow 


06/07/95 







692 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Private Protective Services Board 

Lewis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donnell E. Morrow, Jr. v. Private Protective Services Board 
Private Protective Services Board v. James C. Purvis 
Private Protective Services Board v. Samuel O. Smith 
Jann Mitchell Stanley v. Private Protective Services Board 

LABOR 

Occupational Safety & Hea&h Division 

Lenoir County Public Schools v. Department of Labor, OSHA 
Wage and Hour Dividon 

R.J. Scott, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Div. 
PUBLIC INSTRUCTION 

Glenn II, on behalf of Glenn II, and Glenn II, Individually v. Charlotte- 

Mecklenburg County Schools 
S.M. on Behalf of J. A.M., and S.M., Individually, and J.M. v. Davie 

County Board of Education 
William Hewett v. State Board of Education 
James Midgette v. State Board of Education 
Deborah R. Crouse v. State Board of Education95 EDC 0003 
Bobby G. Little v. Department of Public Instruction 
Tonya Marie Snipes and Robert Leon Snipes v. Orange County Schools 
Lavern K. Suggs v. Guilford County Schools 95 EDC 0385 
Kenneth G.H. Leftwich v. State Board of Education 

STATE PERSONNEL 

Caswell County Health Department 

Delia Brown v. Caswell County Health Department 
Julie R. Johnson v. Caswell County Health Department 

N.C. Central University 

Peter A. Fore v. N.C. Central University 

Department of Commerce 

T. Sherwood Jernigan v. Depl. of Commerce, Savings Institution Div. 

Department of Correction 

Nancy Gilchrist v. Department of Correction 

Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole 

Thomas Wayne Smathers v. Department of Correction 

George J. McClease, Jr. v. Department of Correction 

Ruth Kearney v. Department of Correction 

Department of Crime Control and Public Safety 

Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safety 

Office of the District Attorney 

Shannon Caudill v. Office of the District Attorney for Judicial 
District 17-B. and Administrative Office of the Courts 



94 DOJ 1000 


Chess 


03/03/95 


94 DOJ 1064 


Chess 


02/24/95 


94 DOJ 1635 


Reilly 


03/09/95 


94 DOJ 1823 


Reilly 


03/09/95 


95 DOJ 0018 


Chess 


05/15/95 


95 DOJ 0133 


Chess 


05/09/95 


95 DOJ 0420 


Morrison 


05/24/95 



95 DOL 0218 



94 DOL 1524 



94 OSP 0834 
94 OSP 0865 



93 OSP 0189 



94 OSP 0775 



94 OSP 1399 



95 OSP 0188 



Nesnow 



West 



93 EDC 0549 


Chess 


93 EDC 0742 


Phipp6 


94 EDC 0533 


Gray 


94 EDC 1401 


Reilly 


Chess 


04/10/95 


95 EDC 0168 


Phipps 


95 EDC 0225 


Mann 


Nesnow 


06/02/95 


95 EDC 0405 


Nesnow 



Nesnow 
Reilly 



Nesnow 



West 



05/01/95 



03/23/95 



03/16/95 
05/30/95 



03/31/95 
05/02/95 



03/20/95 
05/15/95 



05/25/95 



06/12/95 
03/15/95 



06/13/95 



05/25/95 



94 OSP 0121 


West 


03/09/95 


94 OSP 0332 


West 


05/15/95 


94 OSP 0590 


West 


03/23/95 


94 OSP 0644 


Gray 


04/19/95 


94 OSP 1807 


Becton 


03/13/95 



Nesnow 



06/13/95 



03/20/95 



10:2 NCR 179 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



693 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



A1J 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



95 OSP 0038* 7 
95 OSP 0057* 7 



94 OSP 0358 



94 OSP 1597 



94 OSP 0499 



East Carolina University 

Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 
Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 

Department of Environment, Health, and Natural Resources 

Babette K. McKemie v. EHNR, Div. of Environmental Management 

FayettevWe Stale University 

George Benstead v. FayeUeville State University 

Forsyth Stokes Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 

Department of Human Resources 

April Benfield v. Department of Human Resources 
and 
Western Carolina Center 
Eugene Hightower, Jr. v. Department of Human Resources, EEO 
Rebecca Johnson v. Human Resources, Special Care Center 

Cherry Hospital 
William H. Cooke v. DHR. Cherry Hospital 

Durham County Department of Social Services 
Delores H. Jeffers v. Durham County Department of Social Services 

Gaston Couruy Department of Social Senices 
Bobbie J. Gilliam v. Gaston County Department of Social Services 

Iredell County Department of Social Senices 

Vernon E. Grosse v. Iredell County Department of Social Services 
Bonnie N. Bellamy v. Iredell County Department of Social Services 

Wake County Department of Health 

Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, Dir. 
Sabrina R. Crowder v. Wake County/Health Dept., Richard Stevens 
Thomasine D. Avery v. Wake County/Health Department 

Wake County Department of Social Senices 

Olivia L. Jordan v. Wake County /Department of Social Services 

Department of Labor 

Michael Robert Smith v. Department of Labor 94 OSP 0610 Nesnow 

Lee~Hamett Area Mental Health, Developmental Disabilities, and Substance Abuse Authority 

Julie Dyer v. Lee-Harnett Area MH/DD/SA Authority 94 OSP 0750 

North Carolina State University 



Wesley Brown v. N.C. State University 

David L. Bauer v. North Carolina Stale University 

Billy Ray Kelly v. NCSU Physical Plant 



Becton 
Becton 



Nesnow 



Chess 



93 OSP 1547 



94 OSP 0939 



94 OSP 0770 



94 OSP 0282 
94 OSP 0739 



Gray 



Morrison 



West 



Becton 
Chess 



94 OSP 11 79** Nesnow 



06/09/95 



Gray 



06/08/95 
06/08/95 



05/31/95 



04/04/95 



03/24/95 



94 OSP 1758 


Nesnow 


06/07/95 


94 OSP 1811 


West 


05/04/95 


95 OSP 0138 


West 


03/31/95 



03/16/95 



06/12/95 



05/24/95 



03/09/95 
03/01/95 



94 OSP 1032** 


Nesnow 


06/12/95 


94 OSP 1072* 8 


Nesnow 


06/12/95 


94 OSP 1074* 8 


Nesnow 


06/12/95 



06/12/95 



03/20/95 



10:01 NCR 48 



94 OSP 1173 


Reilly 


06/30/95- 


10:8 NCR 


700 


95 OSP 0044 


Morrison 


04/25/95 






95 OSP 0130 


West 


03/22/95 







694 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Orange-Person-Chatham Mental Health 

Patricia A. Harris v. Orange-Person-Chatham Mental Health 

Department of Transportation 

Michael E. Komegay v. Department of Transportation 
Robert F. Goins v. Department of Transportation 

University of North Carohna 

Beth Ann Miller v. UNC Student Health 

UNC Hospitals 

David Patrick Malone v. Univ. of NC Hospital at Chapel Hill 
Lillian C. Daniels v UNC Hospital 

Wake County 

Mark Morgan v. Wake County 

STATE TREASURER 

John W. Parris v. Bd. of Trustees//NC Local Gov. Emp. Retirement Sys. 
Channie S. Chapman v. BdATrustees//NC Local Gov. Emp. Ret Sys. 
Bryan L. Basden v. Retirement Systems Division 



95 OSP0162 



93 OSP 1700 
94OSP02S1 



94 OSP 0800 



94 OSP 0771 

95 OSP 0056 



94 OSP 0937 



West 



Gray 
Chess 



Nesnow 



Becton 
Morrison 



Nesnow 



04/11/95 



03/24/95 
05/30/95 



05/25/95 



03/14/95 
05/11/95 



04/28/95 



10:4 NCR 287 



91 DST 1093 


Nesnow 


05/04/95 


94 DST 0443 


Morrison 


05/15/95 


95 OSP 0171 


Chess 


06/21/95 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



695 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF CARTERET 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

94EHR1756 



N.C. DEFT. OF ENVIRONMENT, HEALTH, 
AND NATURAL RESOURCES, 

Petitioner, 



v. 



ROYAL JAMES CAFE 
ED & SUE BOOK, OWNERS, 
Respondents. 



RECOMMENDED DECISION 



This matter was heard before the undersigned administrative law judge on March 21 , 1995 in New Bern, North Carolina. 
At the conclusion of the hearing, the parties were afforded an opportunity to file post-hearing submissions. 

APPEARANCES 

For Petitioner: John P. Barkley, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina. 
For Respondent: Pro se. 

ISSUE 
Whether the Petitioner's immediate revocation of the Respondents' restaurant permit was proper. 

STATUTES AND RULES INVOLVED 

N.C. Gen. Stat. §130A-23(d) 

N.C. Gen. Stat. §130A-248 

N.C. Gen. Stat. §130A-249 
15A NCAC 18A .2601 - .2633 

EXHIBITS 

The following exhibit offered by the Petitioner was received in evidence: 

Inspection Sheet for 11/30/94. 

The following exhibits offered by the Respondent were received in evidence: 



PI. 

Rl. 

R2. 

R3. 
R4. 
R5. 

R6. 



William Arrington's September 14, 1994 instructions regarding steps needed to improve the Royal James Cafe's sanitation 
grade. 

William Arrington's December 6, 1994 instructions regarding steps needed to improve the Royal James Cafe's sanitation 
grade. 

A December 21, 1994 checklist for the Royal James Cafe. 

13x9 inch metal cake pan with metal lid cover. 

Rubbermaid 19 cup Servin' Saver. 

Piece of wood. 



696 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



CONTESTED CASE DECISIONS 



Based upon the official documents in the file, sworn testimony of the witnesses, and other competent and 
admissible evidence, the undersigned makes the following: 

FINDINGS OF FACT 

1. On November 30, 1994, William Arrington, Jr., an Environmental Health Specialist with the Carteret County Health 
Department, conducted a routine quarterly inspection of the Royal James Cafe in Beaufort, North Carolina. 

2. Mr. Arrington scored the restaurant at a grade of 64. 

3. Mr. Arrington immediately revoked the restaurant's permit. 

4. The minimum score necessary to maintain a Grade C rating is 70. 

5. During a previous quarterly inspection of the Royal James Cafe conducted on February 17, 1994, the restaurant had 
received a grade of 90. The Respondents were warned at that time that there were several areas that needed improving 
and failure to correct the problems could result in a grade of B or lower. 

6. The September 14, 1994 inspection resulted in a grade of 80. Mr. Arrington went over the problems he observed with 
Sue Book, co-owner, and Linda Duncley, the manager. 

7. On December 6, 1994, Mr. Arrington provided the Respondents with a list of all the areas requiring maintenance before 
a new permit for the restaurant could be issued. 

8. After the Respondents made the necessary improvements, a new permit was issued on December 30, 1994. 

9. During the inspection conducted on February 2, 1995, the restaurant received a grade of 96.5. 

10. North Carolina General Statutes §130A-23(d) provides in pertinent part as follows: 

A permit issued pursuant to G.S. 130A-228 or G.S. 130A-248 shall be revoked immediately 
for failure of a market or a facility to maintain a minimum grade of C. The Secretary shall 
immediately give notice of the suspension or revocation and shall immediately file a petition 
for a contested case in accordance with G.S. 150B-23. 

Based on the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the following: 

CONCLUSIONS OF LAW 

1. The North Carolina General Assembly has adopted a regulatory system for restaurants and other food handling 
establishments which is codified in North Carolina General Statues §§130A-247 through 130A-250. In these statutes, the 
General Assembly has given rulemaking authority to the Commission for Health Services to regulate such establishments. 
Within this authority, the General Assembly has instructed the Commission to adopt a grading system, and the Commission 
has adopted such a system in its rules that establishes a score of 70% as the minimum score to retain a grade of C. 

2. North Carolina General Statutes §130A-23 provides for the immediate revocation of any food establishment's permit when 
the establishment receives a score below 70 during any quarterly inspection. 

3. The Petitioner concedes that the Respondents' permit to operate a restaurant is a property interest which cannot be taken 
away without due process of law. 

4. The Respondents contend that due process required that they receive notice and an opportunity to be heard prior to any 
revocation of their permit to operate their restaurant. 

5. Although the Respondents contend that the immediate revocation of their permit violates their right to due process, the 
courts have long recognized that affording due process also involves a balancing of the interests of all citizens, and at times 



10:8 NORTH CAROLINA REGISTER July 14, 1995 697 



CONTESTED CASE DECISIONS 



the state has a legitimate interest in acting prior to providing an opportunity for a hearing in order to protect the rights of 
others. 

6. Where the State has an important interest to protect and probable cause to believe that an individual or operation poses a 
real and immediate danger to that interest, interim or temporary emergency deprivation of a property right pending a 
prompt judicial or administrative hearing is constitutional. In re Lamm . 116 N.C. App. 382, 448 S.E.2d 125 (1994). 

7. The statutes regulating restaurants and other food handling establishments reflect the General Assembly's recognition of 
the need to protect the public health due to the dangers inherent in food handling activities. However, unless a 
determination is made that an imminent hazard exists or that the facility is so poorly operated that it cannot maintain a 
grade of C, a restaurant is given an intent to suspend or revoke notice and an opportunity for a hearing prior to being 
closed. N.C. Gen. Stat. §130A-23. 

8. The General Assembly has determined that when an imminent hazard exists or an establishment's grade falls below a C, 
the threat to the public's health requires the immediate revocation of the establishment's permit, followed by immediate 
notice and petition for a hearing. In making such a determination, the General Assembly attempted to balance the rights 
of the individual against the rights of the public and determined that in certain circumstances, such as an establishment 
receiving a grade below 70%, some limitations on the individual's rights are necessary to protect the public's health and 
welfare. 

9. The courts have utilized a three step balancing test which examines the following factors to resolve due process issues 
involving the necessity for a predeprivation hearing: 

First, the private interest that will be affected by the official action; second, the risk of an 
erroneous deprivation of such interest through the procedures used, and the probable value, 
if any, of additional or substitute procedural safe-guards; and, finally, the government's 
interest, including the function involved and the fiscal and administrative burdens that the 
additional or substitute procedural requirement would entail. 
Matthews v. Eldridge , 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed. 2d 18, 53 (1976). 

10. Here, the private interest affected by the challenged official action is that of restauranteurs' interest in continued operation 
of their restaurant pending a hearing on the issue of whether the restaurant's continued operation poses a threat to the public 
safety for failure to meet certain sanitation standards. Our courts have noted that such an interest is not an insubstantial 
one since a license suspension or revocation cannot be undone. "The state does not make a [licensee] whole for any 
personal inconvenience and economic hardship suffered during a delay between erroneous deprivation and postsuspension 
restoration of [the licensee's] privileges." Henry v. Edmisten , 315 N.C. 474, 482, 340 S.E.2d 720, 726 (1986). 

1 1. For purposes of determining whether license revocation procedures satisfy due process requirements, several factors, such 
as the maximum period for which the license can be revoked, the timeliness of postsuspension review, and the existence 
of hardship relief, affect the weight of the licensee's interest in continuous use of his licensed privileges. Henry v. 
Edmisten , 315 N.C. 474, 340 S.E.2d 720 (1986). 

12. Where prompt postsuspension review is available, the presence of such review reduces the need for hardship relief and 
together with the brevity of the suspension period, reduces the actual weight of the private interest in continuous use and 
possession of one's license pending the outcome of the hearing. Henry v. Edmisten , 315 N.C. 474, 340 S.E.2d 720 
(1986). Neither the statute nor rules involved in this case address the issue of the duration of the automatic license 
revocation or the availability of hardship relief. While contested case proceedings are to be instituted immediately, there 
is no time limitation regarding when a final agency decision must be rendered. 

13. The second step in the balancing test requires the weighing of the risk of erroneous deprivation of the private interest as 
a result of the procedures used and the probable value of additional procedural safeguards. Due process does not demand 
governmental decision making must comply with standards that assure error-free determinations. When prompt 
postdeprivation review is available, due process generally requires no more than that predeprivation procedures used be 
designed for determining that the facts justifying the official action are as a responsible government official warrants them 
to be. Henry v. Edmisten , 315 N.C. 474, 340 S.E.2d 720 (1986); In re Lamm , 116 N.C. App. 382, 448 S.E.2d 125 
(1994). The Petitioner's procedures do not provide for any review by anyone, including even a supervisor, to determine 
that the facts justifying the license revocation are as the person conducting the inspection claims them to be. Thus, the 
inherent risk of error is great. Review of the inspection report by at least one other official would dimish the risk of error 

698 NORTH CAROLINA REGISTER July 14, 1995 10:8 



CONTESTED CASE DECISIONS 



and would not unduly delay action that protects the public welfare. 

14. The third and final factor that must be weighed is the state's interest served by the summary procedure used. The 
proceeding prescribed by North Carolina General Statutes §130A-23(d) promotes the State's compelling need to protect 
the public health due to the dangers inherent in food handling activities. The summary and automatic character of the 
revocation is reasonably related to the purpose of the statute, i.e., to protect the public from food handling practices that 
pose a threat to public health and safety. The regulatory scheme for licensing food handling establishments provides a 
rational basis for a legitimate state interest that is reasonably necessary to prevent the infliction of public harm. 
Predeprivation hearings requiring notice and opportunity to be heard could encourage dilatory tactics on the part of 
licensees to try to maintain their license, frustrating the purpose of the statute and creating a further risk of harm to his or 
herclietale and the proper administration of justice. Henry v. Edmisten , 315 N.C. 474, 340 S.E.2d 720 (1986); In re 
Lamm , 116 N.C. App. 382, 448 S.E.2d 125 (1994). 

15. Nevertheless, balancing the statute's procedure for revoking a licensee's license, the state's compelling interest in the 
public's health and safety does not in this instance outweigh the private interests involved and the risks of erroneously 
depriving those interest. 

16. The immediate revocation of the Respondents' permit was carried out in accordance with the provisions of North Carolina 
General Statutes §130A-23. 

17. The evidence establishes that there were numerous violations of the regulations regarding the operation of a food handling 
establishment at the Respondents' premises and the imposition of a score below a Grade C was not arbitrary or capricious. 
Had a postdeprivation hearing been required within some reasonable period of the revocation or had some predeprivation 
review to determine that the inspection had been carried out properly occured, then the Respondents' due process claims 
would have been without merit 

18. The powers of an administrative law judge do not include the authority to declare a provision of the general statutes 
unconstitutional. The undersigned is, however, of the opinion that the statutory provision for automatic revocation of a 
license whenever an establishment receives a sanitation grade of below 70% which provides no safeguards to assure that 
the facts precipitating the revocation are true or prompt postdeprivation hearing violates due process. 

RECOMMENDED DECISION 

The North Carolina Department of Environment, Health, and Natural Resources will make the final decision in this matter. It is 
recommended that the agency suspend its revocation of the Respondents' permit and petition the superior court for review of the 
constitutionality of the statutory provision involved in this contested case. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, P.O. Drawer 
27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statutes section 150B-36(b). 

NOTICE 

Before the agency makes the FINAL DECISION, it is required by North Carolina General Statutes section 150B-36(a) 
to give each party an opportunity to file exceptions to this RECOMMENDED DECISION, and to present written arguments to those 
in the agency who will make the final decision. 

The agency is required by North Carolina General Statutes section 150B-36(b)to serve a copy of the Final Decision on all 
parties and to furnish a copy to the Parties' attorney of record. 

This the 30th day of June, 1995. 



Brenda B. Becton 
Administrative Law Judge 



10:8 NORTH CAROLINA REGISTER July 14, 1995 699 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

94 0SP1173 



WESLEY BROWN, 

Petitioner, 



N.C. STATE UNIVERSITY, 
Respondent. 



RECOMMENDED DECISION 



The above-captioned hearing was heard before Robert R. Reilly, Administrative Law Judge, on March 2, 1995, May 3-4, 
1995, and May 26, 1995, in Raleigh, North Carolina. 

APPEARANCES 



For Petitioner: 



For Respondent: 



1. 

2. 



Alan McSurely 

157 x h East Franklin St. 

Chapei Hill, NC 27514 

Celia Grasty Jones 
Associate Attorney General 
N.C. Department of Justice 
P.O. Box 629 
Raleigh, NC 27602 

ISSUES 

Did the Respondent have just cause to dismiss the Petitioner from his employment for improper personal conduct? 
Did the Respondent unlawfully discriminate against Petitioner on the basis of his race in dismissing him? 



3. In dismissing Petitioner, did the Respondent unlawfully retaliate against him for speech associated with workplace 
concerns or for exercising his right to bring a previous employment-related grievance? 

4. Did the Respondent follow the proper procedure in suspending and dismissing Petitioner? 

STATUTES AND RULES INVOLVED 

N.C. Gen. Stat. 126-35 

N.C. Gen. Stat. 126-36 

N.C. Admin. Code, tit. 25, r. U .0600 et seq. 

42U.S.C. §§ 2000e et seq. 

29 C.F.R. Part 1910 

N.C. Admin. Code, tit. 13, r. 7F .0101 

STIPULATION AGREEMENTS 

The Petitioner was a permanent State employee and was subject to the provisions of the State Personnel Act. 

FINDINGS OF FACT 
1. Petitioner, Wesley Brown, began working for the Respondent, North Carolina State University (NCSU) in its 



700 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



CONTESTED CASE DECISIONS 



Physical Plant on or about January 21, 1980. 

2. In March of 1994, Petitioner held the position of Electrician II in NCSU's Physical Plant, and was assigned to 
NCSU's College of Veterinary Medicine under the supervision of Lawrence Bradley, Assistant to the Director of Physical Plant 
for College of Veterinary Medicine Services. 

3. In March of 1994, Petitioner was the only African-American trades employee stationed at the College of 
Veterinary Medicine, although his supervisor Mr. Bradley also is African- American. 

4. In March of 1994, the immediate supervisor of the trade shops at the College of Veterinary Medicine was Garden 
Freeman, a Caucasian maintenance mechanic. 

5. During his employment at NCSU, Petitioner had been active in the NCSU Physical Plant Employees Association 
and served for a period of time as the Association's president. In that capacity Petitioner voiced concerns to Physical Plant 
management, including Mr. Bradley and Physical Plant Director James Vespi, about workplace practices such as proposed changes 
in certain duties of Physical Plant housekeeping employees. 

6. In 1993, Petitioner filed a grievance under NCSU's Grievance and Appeal Procedure, alleging racial 
discrimination in his failure to receive a promotion. In the same year Petitioner also filed an EEOC Charge based on the same 
grievance. 

7. Mr. Bradley testified that he was aware of Petitioner's grievance, but was not involved in the events leading to 
the grievance or its resolution. 

8. Prior to March 1994, Petitioner maintained a good work performance record and had received no disciplinary 
action. 

9. NCSU's Physical Plant has established and maintains a Respiratory Protection Program (the Program) for its 
employees. The Program's objective is to eliminate or minimize employee exposure to recognized airborne hazards that are likely 
to cause death or serious physical harm, as required by federal occupational health and safety law, in particular 29 C.F.R. § 
1910.134. 

10. 29 C.F.R. § 1910.134 provides, in pertinent part: 

(a) Permissible practice . (1) In the control of those occupational diseases caused by breathing 
air contaminated with harmful dusts, fogs, fumes, mists, gases, smokes, sprays, or vapors, the 
primary objective shall be to prevent atmospheric contamination. This shall be accomplished 
as far as feasible by accepted engineering control measures. . . . When effective engineering 
controls are not feasible, or while they are being instituted, appropriate respirators shall be 
used pursuant to the following requirements. 

(2) Respirators shall be provided by the employer when such equipment is necessary to protect 
the health of the employee. . . . The employer shall be responsible for the establishment and 
maintenance of a respiratory protective program which shall include the requirements outlined 
in paragraph (b) of this section. 

(3) The employee shall use the provided respiratory protection in accordance with instructions 
and training received. 

(Respondent's Exhibit 1) 

11. The Program is coordinated by Harold J. "Jim" Thomas, Assistant to the Director of Physical Plant for Safety, 
and Lisa Sasser, Manager for Personnel and Training for Physical Plant, and is administered by Physical Plant in conjunction with 
NCSU's Department of Environmental Health and Safety. 

12. Mr. Thomas testified that, in accordance with the requirement of 29 C.F.R. § 1910.134(a), it is the policy and 
practice of Physical Plant that no employee may enter an area of possible hazardous exposure without prior identification of the 
hazard, application of engineering controls to eliminate the hazard if possible, and proper respiratory protective equipment as dictated 
by the type of hazard present. 



10:8 NORTH CAROLINA REGISTER July 14, 1995 701 



CONTESTED CASE DECISIONS 



13. 29 C.F.R. § 1910.134 further provides, in pertinent part: 

(b) (10) Persons should not be assigned to tasks requiring use of respirators unless it has been 
determined that they are physically able to perform the work and use the equipment. The local 
physician shall determine what health and physical conditions are pertinent. The respirator 
user's medical status should be reviewed periodically (for instance, annually). 

(Respondent's Exhibit 1) 

14. The Program provides respirator training and fit testing for Physical Plant employees who have been designated 
by their supervisors to participate in the Program, and who have been determined to be medically fit to wear a respirator. Mr. 
Thomas testified that Physical Plant supervisors were instructed to designate employees to participate in the Program on the basis 
of the supervisor's determination whether those employees might encounter airborne hazards in the performance of their duties. 

15. In compliance with 29 C.F.R. § 1910.134, Physical Plant requires employees who are designated as participants 
in the Program to undergo a medical examination at periodic intervals to determine whether they are medically fit to wear a 
respirator. 

16. In 1994, the required medical examinations were administered by physicians affiliated with the Duke Occupational 
Health Service of the Duke University Medical Center. Mr. Thomas testified that the Duke Occupational Health Service was chosen 
for its specialty in occupational medicine, and, as a healthcare provider independent of NCSU, to eliminate any potential conflict 
of interest between the employer's objectives and the employees' health interests. 

17. Mr. Thomas testified that the scope of the medical examination for determination of respirator fitness was 
determined by the Duke Occupational Health Service, in accordance with the requirement of 29 C.F.R. § 1910. 134(b)(10). 

18. Physical Plant employees who are determined to be medically fit receive training in respirator use and are fitted 
with a respirator appropriate to the types of hazards they are likely to encounter. Employees with facial hair use a special type of 
negative pressure respirator called a RACAL unit, which does not need to be individually fitted. 

19. Mr. Thomas testified that Physical Plant employees who are determined to be medically unfit for respirator use 
cannot be required to perform any tasks requiring the use of a respirator, as provided by 29 C.F.R. § 1910. 134(b)(10). 
Accordingly, those employees would not continue to participate in the training and fit-testing aspects of the Program. 

20. Bobby Davis, a Safety Compliance Officer with the Occupational Safety and Health division of the North Carolina 
Department of Labor, testified that he investigated Physical Plant's Program as the result of an anonymous complaint lodged with 
his office in January of 1995. Mr Davis testified that the complaint alleged that the Program did not provide adequate training and 
information about possible hazardous exposures, and that the Program was not providing the required medical fitness examinations. 
Mr. Davis testified that, on the basis of his investigation, he determined that the Program as designed and implemented presently 
and in 1994 was in full compliance with applicable occupational health and safety law. 

21. Mr. Bradley designated the Petitioner, along with other tradespersons under his supervision, to participate in the 
Program. On February 23, 1994, Physical Plant published a schedule listing the date on which each designated employee was to 
attend his or her medical examination. (Petitioner's Exhibit 3) The schedule showed that Petitioner's medical appointment was 
March 18, 1994 at 9:00 a.m. The schedule also identified Petitioner, who wears a beard, as a RACAL user and indicated that 
Petitioner and other RACAL users were to receive training on March 25, 1994. 

22. Pat Grantham issued an individual memorandum addressed to Petitioner, informing him that his medical 
examination was scheduled for March 18, 1994 at 9:00 a.m. (Petitioner's Exhibit 6) In early 1994, Ms. Grantham coordinated 
Physical Plant safety and technical training under the supervision of Lisa Sasser. 

23. On March 10, 1994, Garden Freeman issued a memorandum to Pat Grantham, stating that Petitioner and another 
designated employee, Frankie Griffin, did not wish to participate in the Program on the basis of their belief that they would not need 
a respirator in their job classification. (Petitioner's Exhibit 5) Mr. Freeman then left on a week's vacation. 

24. Mr. Bradley later became aware of Mr. Freeman's memorandum and met on March 17, 1994 with Petitioner, 
Mr. Griffin, and another employee, Tim Albright. Mr. Bradley informed these employees that he was overriding Mr. Freeman's 
memorandum, and that they would be required to participate in the Program including attending their scheduled medical 



702 NORTH CAROLINA REGISTER July 14, 1995 10:8 



CONTESTED CASE DECISIONS 



examinations. 

25. Mr. Griffin testified that he and Mr. Albright told Mr. Bradley that they would attend their medical examinations 
as scheduled. Petitioner, however, told Mr. Bradley that he would not go to his medical examination. 

26. Petitioner testified that he told Mr. Bradley that he needed more information about the Program. Mr. Bradley 
testified that Petitioner did not specify what information was wanted, but that he told Petitioner he would have information ready 
for him when he returned from the examination. Mr. Bradley instructed Petitioner that if he failed to attend the examination 
scheduled for him the following morning he would be considered insubordinate and could expect disciplinary action. 

27. On March 18, 1994, Mr. Bradley learned that Petitioner had not attended the scheduled medical examination. 
On the same date, Mr. Bradley issued to Petitioner written notice of a pre-suspension conference to be held Monday, March 21, 
1994, citing Petitioner's insubordination in refusing to attend the required medical examination. (Petitioner's Exhibit 7) 

28. At the pre-suspension conference held March 21, 1994, Mr. Bradley informed Petitioner that he would be 
suspended for three days without pay for insubordination in refusing to attend the required medical examination. Mr. Bradley 
informed Petitioner that he would be scheduled to attend a medical examination at 10:45 a.m. on the morning of his return to work, 
March 24, 1994, and that he would be dismissed if he failed to attend the rescheduled examination. Petitioner's written notice of 
suspension, sent to him via certified mail, included the same information Mr. Bradley conveyed to Petitioner orally. (Petitioner's 
Exhibit 7 at p. 48) 

29. Petitioner returned to work on March 24, 1994, but he did not attend the medical examination scheduled for that 
day. Mr. Bradley issued Petitioner a written notice of a pre-dismissal conference to be held March 25, 1994 as the result of 
Petitioner's failure to attend the medical examination scheduled for March 24, 1994. (Petitioner's Exhibit 8) 

30. In the pre-dismissal conference, Mr. Bradley gave Petitioner an opportunity to provide additional information to 
support his position. Petitioner again stated that he wanted more information and added that he did not want a strange physician 
probing his body. Mr. Bradley testified that Petitioner did not request an alternate arrangement for his examination or object to the 
scope of the examination. Petitioner told Mr. Bradley that he was not going to the examination. 

31. On March 25, 1994, Mr. Bradley also issued Mr. Freeman a written warning, on the grounds that Mr. Freeman 
had sent the memorandum of March 10, 1994 to Pat Grantham without prior consultation with Mr. Bradley. 

32. On March 28, 1994, Mr. Bradley met with Petitioner and informed him that, after consideration of his actions 
and the information he had presented, Mr. Bradley had determined that Petitioner should be dismissed on grounds of improper 
personal conduct for his repeated refusal to take the required medical examination. Mr. Bradley gave Petitioner a letter of dismissal 
including a summary of the grounds for dismissal and a statement of his appeal rights. (Petitioner's Exhibit 9) 

33. Mr. Vespi testified that all other Physical Plant employees designated to participate in the Program, except for 
Petitioner, took their scheduled medical examinations. 

34. Petitioner filed a grievance of his suspension and dismissal as provided by NCSU's Grievance and Appeal 
Procedure (Appeal Procedure). The disciplinary actions were upheld at the Step 2 level of the Appeal Procedure. At Step 3 of the 
Appeal Procedure, a hearing was held before a Grievance Panel consisting of three NCSU SPA employees in accordance with the 
Appeal Procedure. 

35. The Grievance Panel prepared its recommendations on or about September 7, 1994. (Respondent's Exhibit 8) 
The Grievance Panel found that Petitioner's dismissal for insubordination was justified. Citing management's lack of responsiveness 
to Petitioner's request for information, however, the Grievance Panel recommended, with respect to Petitioner, that Petitioner be 
reinstated without demotion or reduction in salary or benefits, but without back pay or benefits during the period of his suspension 
and dismissal, and with the further condition that Petitioner's failure to take the required medical examination within one month and 
otherwise to fully comply with the Program's requirements would be considered grounds for automatic dismissal. 

36. In accordance with the Appeal Procedure, the Grievance Panel submitted its recommendations to George Worsley, 
NCSU Vice Chancellor for Finance and Business, for the rendering of a final decision on Petitioner's grievance. On September 
23, 1994, Mr. Worsley issued his final decision in the form of a letter to Petitioner. (Petitioner's Exhibit 10-A,B) 



10:8 NORTH CAROLINA REGISTER July 14, 1995 703 



CONTESTED CASE DECISIONS 



37. Mr. Worsley found that Petitioner had been insubordinate. Mr. Worsley accepted the Grievance Panel's 

recommendation that Petitioner nevertheless be offered reinstatement without demotion or reduction in salary or benefits, but without 
back pay or benefits for the period of suspension and dismissal, on condition that Petitioner agree to take the required medical 
examination and complete other Program requirements within thirty calendar days of reinstatement. 



38. Petitioner did not respond to Mr. Worsley's letter of September 23, 1994. 

CONCLUSIONS OF LAW 



1. 
just cause. 



N.C.G.S. § 126-35 provides, in relevant part, that no permanent State employee may be discharged except for 



2. N.C.G.S. § 126-35(a) and 25 N.C.A.C. 01J .0608 provide, in relevant part, that permanent State employees may 
be discharged without prior oral or written warning for reasons related to improper personal conduct. Written notification to the 
employee and a pre-dismissal conference are required. 

3. 25 N.C.A.C. 01J .0604(d) defines personal misconduct as follows: 

(1) conduct for which no reasonable person should expect to receive prior warnings; 

(2) job-related conduct which constitutes a violation of state or federal laws; 

(3) conviction of a felony or an offense involving moral turpitude; 

(4) the willful violation of known or written work rules; or 

(5) conduct unbecoming a state employee that is detrimental to state service. 

4. 25 N.C.A.C. 01J .0604(a) provides, in relevant part, that the degree and type of disciplinary action taken is to 
be based upon the sound and considered judgment of the appointing authority [Le., the employer]. 

5. 25 N.C.A.C. 01J .0606(2) requires the supervisor to give advance notice of and conduct a pre-dismissal 
conference with the employee; to give the employee oral or written notice of the recommendation for dismissal, including specific 
reasons and a summary of the information supporting the recommendation; and to give the employee an opportunity to respond, 
refute offered information, and offer arguments or information to support his or her position. 

6. 25 N.C.A.C. 01J .0606(3) requires the employer to provide a written letter of dismissal containing the specific 
reasons for dismissal, the effective date, and the employee's appeal rights. 

7. In administering its Respiratory Protection Program, Physical Plant is governed by the requirements of federal 
occupational health and safety laws, in particular 29 C.F.R. § 1910. 134, which requires inter alia that employees be determined to 
be medically fit for respirator use before they may be assigned to a task that may require respirator use. 

8. N.C.G.S. § 126-36 provides that a State employee may appeal to the Office of Administrative Hearings certain 
adverse employment actions, including termination of employment, that he has reason to believe occurred in retaliation for opposition 
to alleged discrimination or because of, inter alia , his race or color. 

9. The ultimate purpose of N.C.G.S. § 126-36 is the same as the purpose of Title VII of the Civil Rights Act of 
1964 (42 U.S.C. § 2003 et seq .): the elimination of discriminatory practices in employment. Therefore, the law governing Title 
VII claims also governs claims under G.S. 126-36. North Carolina Dept. of Correction v. Gibson , 308 N.C. 131, 136-37, 310 
S.E.2d 78, rev'd on other grounds , 308 N.C. 131, 301 S.E.2d 78 (1983). 

10. The law interpreting Title VII provides that the employee has the ultimate burden of proof to show, by the 
preponderance of the evidence, that the employer intentionally discriminated or retaliated against him in discharging him from 
employment. Gibson , 308 N.C. at 138; North Carolina Dept. of Correction v. Hodge , 99 N.C. App. 602, 606, 394 S.E.2d 285 
(1990); Gadson v. North Carolina Mem. Hospital , 99 N.C. App. 169, 171, 392 S.E.2d 618 (1990). 

1 1 . The employee's threshold burden in establishing a prima facie case of racial discrimination is to provide sufficient 
evidence to raise an inference of racial Discrimination in the dismissal, by showing that (1) he is a member of a protected class, Le., 
a racial minority; (2) he was discharged; and (3) a similarly situated employee who was not a member of the protected class was 
retained under apparently similar circumstances. Gibson , 308 N.C. at 137; Hodge , 99 N.C. App. at 61 1. If the employee can make 
out this prima facie case, the employer must articulate some legitimate nondiscriminatory reason for the discharge. Upon that 

704 NORTH CAROLINA REGISTER July 14, 1995 10:8 



CONTESTED CASE DECISIONS 



showing, the employee then assumes the burden to prove, by the preponderance of the evidence, that the employer's proffered reason 
is actually a pretext for intentional discrimination. Gibson , 308 N.C. at 137-38. 

12. An employee alleging retaliatory discharge must establish, by the preponderance of the evidence, a prima facie 
case showing that (1) he engaged in protected activity; (2) he was dismissed; and (3) a causal connection existed between the 
protected activity and the dismissal. Ross v. Communications Satellite Corp. , 759 F.2d 355, 365 (4th Cir. 1985). If the employee 
can make out a prima facie case, the employer must articulate a nonretaliatory reason for the discharge. The burden is then on the 
employee to show, by the preponderance of the evidence, that the employer's asserted reason was pretextual, Le., that the dismissal 
would not have occurred but for the protected conduct. Ross , 759 F.2d at 365-66. 

13. It is concluded that the evidence is sufficient to show that Petitioner twice refused to obey his supervisor's 
reasonable order to attend a medical examination required of Petitioner in connection with NCSU's Respiratory Protection Program, 
and that Petitioner's conduct constitutes personal misconduct. 

14. It is concluded that NCSU had just cause to suspend and subsequently dismiss Petitioner for personal misconduct. 

15. It is concluded that Petitioner's evidence is insufficient to establish a prima facie case showing that NCSU 
unlawfully discriminated against Petitioner on the basis of his race in suspending and dismissing him for his refusal to attend a 
required medical examination. 

16. It is concluded that Petitioner's evidence is insufficient to show that, in suspending and dismissing Petitioner, 
NCSU unlawfully retaliated against him for his involvement in the NCSU Physical Plant Employees Association or for his having 
filed a prior grievance and EEOC Charge on another employment-related matter. 

17. It is concluded that the procedural aspects of Petitioner's suspension and dismissal conformed in all respects to 
the requirements of the State Personnel Act and interpreting regulations. 

RECOMMENDATION 

NCSU had just cause to suspend and dismiss Petitioner. Petitioner has not shown that NCSU exceeded its authority or 
jurisdiction, acted erroneously, failed to use proper procedure, failed to act as required by law or rule, or acted arbitrarily or 
capriciously. Petitioner has not shown that NCSU unlawfully discriminated or retaliated against him in his suspension and dismissal. 
Therefore, Petitioner is entitled to none of the requested relief. NCSU's final agency decision should be upheld. Within fifteen 
calendar days of NCSU's receipt of notice of the State Personnel Commission's final decision, Petitioner should be offered, in 
writing, reinstatement to comparable employment under the conditions as specified in George Worsley's letter of September 23, 1994 
(Petitioner's Exhibit 10-A,B), with the added condition that Petitioner must indicate acceptance of that offer and conditions in writing 
to Mr. Worsley within fifteen calendar days of the date of receipt of the renewed offer. Without timely receipt by Mr. Worsley 
of such written acceptance. Petitioner's dismissal will remain effective. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, NC 27611-7447, in accordance with N.C. Gen. Stat. § 150B-36(b). 

NOTICE 

Before the State Personnel Commission makes the Final Decision, it is required by N.C. Gen. Stat. § 150B-36(a) to give 
each party an opportunity to file exceptions to this recommended decision, and to present written arguments to those in the agency 
who will make the Final Decision. 

The State Personnel Commission is required by N.C. Gen. Stat. § 150B-36(b) to serve a copy of the Final Decision on 
all parties and to furnish a copy to the parties' attorney of record. 

This the 30th day of June, 1995. 



Robert R. Reilly 
Administrative Law Judge 



10:8 NORTH CAROLINA REGISTER July 14, 1995 705 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



lhe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and 
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North 
Carolina executive branch of government has been assigned a title number. Titles are further broken down into 
chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions 
to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment. Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Jomt Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



706 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



ACUPUNCTURE LICENSING BOARD 



21 NCAC 01 


.0101 


10:02 NCR 


150 


07/01/95 




.0201 


10:07 NCR 


585 


10/01/95 




.0401 - .0402 


10:02 NCR 


150 


07/01/95 




.0501 


10:07 NCR 


585 


10/01/95 




.0701 


10:07 NCR 


585 


10/01/95 


AGRICULTURE 










2 NCAC 34 


.0904 


10:04 NCR 


228 


08/01/95 




.0904 


10:07 NCR 


430 


11/01/95 


CERTIFIED PUBLIC ACCOUNTANT EXAMINERS 




21 NCAC 08F 


.0105 


10:04 NCR 


255 


08/01/95 




.0113 


10:04 NCR 


255 


08/01/95 


08G 


.0401 


10:04 NCR 


255 


08/01/95 


08J 


.0005 


10:04 NCR 


255 


08/01/95 




.0008 


10:04 NCR 


255 


08/01/95 


08M 


.0102 


10:04 NCR 


255 


08/01/95 




.0104 


10:04 NCR 


255 


08/01/95 




.0306 


10:04 NCR 


255 


08/01/95 




.0401 


10:04 NCR 


255 


08/01/95 


08N 


.0203 


10:04 NCR 


255 


08/01/95 




.0302 


10:04 NCR 


255 


08/01/95 




.0307 


10:04 NCR 


255 


08/01/95 


CHIROPRACTIC EXAMINERS 








21 NCAC 10 


.0203 


10:04 NCR 


261 


08/01/95 


COMMUNITY COLLEGES 








23 NCAC 02C 


.0108 


10:03 NCR 


208 


09/01/95 




.0210 


10:07 NCR 


587 


01/01/96 




.0211 


10:03 NCR 


208 


09/01/95 




.0301 


10:07 NCR 


587 


01/01/96 




.0306 


10:03 NCR 


208 


09/01/95 


02E 


.0403 


10:07 NCR 


587 


01/01/96 


COMMERCE 










4 NCAC 06C 


.0203 


10:05 NCR 


300 


09/01/95 


CORRECTION 










5 NCAC 05 


.0001 


10:01 NCR 


12 


07/01/95 



N/A 



Renoticed in 10:7 



07/01/95 



CULTURAL RESOURCES 

7 NCAC 02F .0002 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



15A NCAC 02B 



02D 



.0101 

.0104 

.0202 

.0211 

.0301 

.0303 

.0304 

.0304 

.0308 

.0308 

.0315- .0316 

.0315 

.0316 

.0520 

.0531 



.0310 



10:01 NCR 


12 


TURALR 

10:01 NCR 


ESC 

13 


10:01 NCR 


13 


10:01 NCR 


13 


10:01 NCR 


13 


10:01 NCR 


13 


10:08 NCR 


661 


10:04 NCR 


246 


10:05 NCR 


301 


10:08 NCR 


661 


10:08 NCR 


661 


10:08 NCR 


661 


10:08 NCR 


661 


10:04 NCR 


246 


10:01 NCR 


13 


10:01 NCR 


13 



07/01/95 



11/01/95 




01/01/96 




11/01/95 




11/01/95 




02/01/96 




11/01/95 




02/01/96 




01/01/96 




07/01/95 


X 


07/01/95 


X 



Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 



07/01/95 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



707 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0902 


10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.0909 


10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.0952 


10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.1402 


10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.1406 


10:01 NCR 


13 


07/01/95 


X 


X 






.1409 


10:01 NCR 


13 


07/01/95 


X 


X 






.1701 - .1702 


10:01 NCR 


13 


07/01/95 


X 


X 






.1801 - .1803 


10:01 NCR 


13 


07/01/95 


X 


X 




NPDES Permit 




10:02 NCR 


56 










04A 


.0001 


10:07 NCR 


579 


10/01/95 










.0005 


10:07 NCR 


579 


10/01/95 








04B 


.0016 


10:07 NCR 


579 


10/01/95 










.0020 


10:07 NCR 


579 


10/01/95 










.0028 


10:02 NCR 


149 


07/01/95 










.0029 - .0030 


10:07 NCR 


579 


10/01/95 








04C 


.0007 - .0008 


10:07 NCR 


579 


10/01/95 










.0010 


10:07 NCR 


579 


10/01/95 








04D 


.0002 -.0003 


10:07 NCR 


S79 


10/01/95 








07H 


.0208 


10:03 NCR 


197 


12/01/95 










.2201 - .2202 


10:03 NCR 


204 


12/01/95 










.2203 


10:03 NCR 


:o4 


12/01/95 


X 








.2204 - .2205 


10:03 NCR 


:o4 


12/01/95 








[OB 


.0115 


10:06 NCR 


338 


10/01/95 










.0202 - .0203 


10:01 NCR 


26 


07/01/95 






07/01/95 




.0202 


10:04 NCR 


249 


08/01/95 










.0214 


10:01 NCR 


26 


07/01/95 






07/01/95 


IOC 


.0404 


10:06 NCR 


338 


12/01/95 










.0407 


10:06 NCR 


338 


12/01/95 








10D 


.0002 - .0003 


10:01 NCR 


26 


07/01/95 






07/01/95 




.0003 


10:04 NCR 


250 


08/01/95 










.0003 


10:06 NCR 


338 


09.01/95 








IOF 


.0313 


10:06 NCR 


338 


10/01/95 










.0317 


10:01 NCR 


26 


07/01/95 






07/01/95 


Wildlife Proclamation/Striped Bass 


10:02 NCR 


57 


04/10/95 












10:03 NCR 


195 


04/15/95 








13B 


.0101 


10:06 NCR 


350 


10/01/95 










.0103 


10:06 NCR 


350 


10/01/95 










.0503 


10:06 NCR 


350 


10/01/95 










.0802 - 0829 


10:06 NCR 


350 


10/01/95 










.1627 


10:06 NCR 


350 


10/01/95 








16A 


.1001 


10:07 NCR 


582 


01/01/96 


X 








.1002 - .1006 


10:07 NCR 


582 


01/01/96 








18A 


.2508 


10:06 NCR 


350 


01/01/96 










.2511 


10:06 NCR 


3. SO 


01/01/96 










.2516- .2519 


10:06 NCR 


350 


01/01/96 










.2521 - .2524 


10:06 NCR 


350 


01/01/96 










.2526 


10:06 NCR 


350 


01/01/96 










.2528 - .2535 


10:06 NCR 


350 


01/01/% 










.2537 


10:06 NCR 


350 


01/01/96 










.2540- .2543 


10:06 NCR 


350 


01/01/96 








19A 


.0401 


10:06 NCR 


350 


10/01/95 










.0406 


10:06 NCR 


3. SO 


10/01/95 










.0502 


10:06 NCR 


350 


10/01/95 








19C 


.0206 


10:05 NCR 


305 


10/01/95 


X 






19H 


.0702 


10:07 NCR 


582 


10/01/95 


X 






24A 


.0404 


10:06 NCR 


350 


10/01/95 


X 






FINAL DECISION LETTERS 














Voting Rights Act 




10:01 NCR 
10:03 NCR 
10:05 NCR 


02 

194 
298 











GOVERNOR'S EXECUTIVE ORDERS 



708 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



CUMULATIVE INDEX 







Proposed 


Fiscal Note 




Other Information 


Agency/Rule Citation 


Register 


Effective 










Date 


State 


Local 





Number 72 






10:01 NCR 


01 




Number 73 






10:02 NCR 


54 




Number 74 






10:02 NCR 


54 




Number 75 






10:03 NCR 


191 




Number 76 






10:03 NCR 


191 




Number 77 






10:05 NCR 


297 




Number 78 






10:06 NCR 


336 




Number 79 






10:07 NCR 


427 




Number 80 






10:07 NCR 


427 




Number 81 






10:08 NCR 


639 




HUMAN RESOURCES 










10 NCAC 03D 


.1401 




10:08 NCR 


641 


11/01/95 


03H 


.0108 - 


.0109 


10:02 NCR 


58 


09/01/95 




.0206- 


.0220 


10:02 NCR 


58 


09/01/95 




.0306- 


.0318 


10:02 NCR 


58 


09/01/95 




.0407- 


.0409 


10:02 NCR 


58 


09/01/95 




.0505- 


.0507 


10:02 NCR 


58 


09/01/95 




.0510 - 


.0517 


10:02 NCR 


58 


09/01/95 




.0605- 


.0609 


10:02 NCR 


58 


09/01/95 




.0705 - 


.0712 


10:02 NCR 


58 


09/01/95 




.0810 - 


.0812 


10:02 NCR 


58 


09/01/95 




.0903 - 


.0911 


10:02 NCR 


58 


09/01/95 




.1003 - 


.1008 


10:02 NCR 


58 


09/01/95 




.1105 - 


.1109 


10:02 NCR 


58 


09/01/95 




.1130- 


.1136 


10:02 NCR 


58 


09/01/95 




.1150- 


.1163 


10:02 NCR 


58 


09/01/95 




.1204- 


.1208 


10:02 NCR 


58 


09/01/95 




.1210 




10:02 NCR 


58 


09/01/95 




.1306- 


.1308 


10:02 NCR 


58 


09/01/95 




.1405- 


.1406 


10:02 NCR 


58 


09/01/95 




.1408- 


.1410 


10:02 NCR 


58 


09/01/95 




.1501 - 


.1503 


10:02 NCR 


58 


09/01/95 




.1612- 


.1613 


10:02 NCR 


58 


09/01/95 




.1703 - 


.1704 


10:02 NCR 


58 


09/01/95 




.1804- 


.1807 


10:02 NCR 


58 


09/01/95 




.2001 




10:02 NCR 


58 


09/01/95 




.2101 - 


.2110 


10:02 NCR 


58 


09/01/95 




.2201 - 


.2212 


10:02 NCR 


58 


09/01/95 




.2301 - 


.2308 


10:02 NCR 


58 


09/01/95 




.2401 - 


.2402 


10:02 NCR 


58 


09/01/95 




.2501 - 


.2506 


10:02 NCR 


58 


09/01/95 




.2601 - 


.2607 


10:02 NCR 


58 


09/01/95 




.2701 




10:02 NCR 


58 


09/01/95 




.2801 - 


.2802 


10:02 NCR 


58 


09/01/95 




.2901 - 


.2902 


10:02 NCR 


58 


09/01/95 




.3001 - 


.3005 


10:02 NCR 


58 


09/01/95 




.3011 - 


.3016 


10:02 NCR 


58 


09/01/95 




.3021 - 


.3032 


10:02 NCR 


58 


09/01/95 




.3101 - 


.3104 


10:02 NCR 


58 


09/01/95 




.3201 - 


.3202 


10:02 NCR 


58 


09/01/95 




.3301 - 


.3302 


10:02 NCR 


58 


09/01/95 




.3401 - 


.3404 


10:02 NCR 


58 


09/01/95 


03L 


.0901 - 


.0907 


10:08 NCR 


641 


02/01/96 




.1001 - 


.1007 


10:08 NCR 


641 


02/01/96 




.1101 - 


.1112 


10:08 NCR 


641 


02/01/96 




.1201 - 


.1202 


10:08 NCR 


641 


02/01/96 




.1301 - 


.1303 


10:08 NCR 


641 


02/01/96 




.1401 - 


.1402 


10:08 NCR 


641 


02/01/96 


03M 


.0202- 


.0205 


10:08 NCR 


641 


02/01/96 




.0207 




10:08 NCR 


641 


02/01/96 


14B 


.0501 - 


.0503 


10:07 NCR 


430 


05/01/96 




.0505- 


.0509 


10:07 NCR 


430 


05/01/96 



03/06/95 
03/15/95 
03/27/95 
03/30/95 
04/03/95 
05/02/95 
05/23/95 
06/07/95 
06/13/95 
06/27/95 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



709 



CUMULATIVE INDEX 



Ajjemy/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 
Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



14K .0101 - 


.0103 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0219 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0310 


10:07 NCR 


•430 


05/01/96 


.0312- 


.0315 


10:07 NCR 


430 


05/01/96 


.0317- 


.0324 


10:07 NCR 


430 


05/01/96 


.0326- 


.0329 


10:07 NCR 


430 


05/01/96 


.0333 - 


.0348 


10:07 NCR 


430 


05/01/96 


.0350- 


.0365 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0408 


10:07 NCR 


430 


05/01/96 


14L .0101 - 


.0106 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0203 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0308 


10:07 NCR 


430 


05/01/96 


.0310 




10:07 NCR 


430 


05/01/96 


.0401 - 


.0407 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0606 


10:07 NCR 


430 


05/01/96 


.0609 




10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0709 


10:07 NCR 


430 


05/01/96 


.0711 - 


.0712 


10:07 NCR 


430 


05/01/96 


14M .0101 - 


.0113 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0511 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0602 


10:07 NCR 


430 


05/01/96 


.0604 




10:07 NCR 


430 


05/01/96 


.0606 




10:07 NCR 


430 


05/01/96 


.0608 - 


.0612 


10:07 NCR 


430 


05/01/96 


.0614- 


.0615 


10:07 NCR 


430 


05/01/96 


.0617- 


.0621 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0716 


10:07 NCR 


430 


05/01/96 


14N .0101 - 


.0107 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0207 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0307 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0406 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0507 


10:07 NCR 


430 


05/01/96 


.0701 




10:07 NCR 


430 


05/01/96 


.0703 - 


.0705 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0811 


10:07 NCR 


430 


05/01/96 


.0901 


.0905 


10:08 NCR 


656 


05/01/96 


140 .0301 - 


.0314 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0409 


10:07 NCR 


430 


05/01/96 


.0411 - 


.0416 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0505 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0609 


10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0617- 


.0618 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0710 


10:07 NCR 


430 


05/01/96 


14V .0101 - 


.0104 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0208 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0304 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0405 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0505 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0604 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0712 


10:07 NCR 


430 


05/01/96 


.0801 - 


0805 


10:07 NCR 


430 


05/01/96 


.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 


.1201 - 


.1203 


10:07 NCR 


430 


05/01/96 


.1301 - 


.1303 


10:07 NCR 


430 


05/01/96 


.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 


.1501 - 


.1504 


10:07 NCR 


430 


05/01/96 


.2101 - 


.2104 


10:07 NCR 


430 


05/01/96 


.2201 - 


.2204 


10:07 NCR 


430 


05/01/96 


.2301 - 


.2306 


10:07 NCR 


430 


05/01/96 


.2401 - 


.2404 


10:07 NCR 


430 


05/01/96 


.2501 - 


.2505 


10:07 NCR 


430 


05/01/96 



710 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



CUMULATIVE INDEX 



Agency/Rule Citation 










Effective 




Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


State 


Local 


Date 





.3101 - 


.3103 


10:07 NCR 


430 


05/01/96 


.3201 - 


.3203 


10:07 NCR 


430 


05/01/96 


.3301 - 


.3303 


10:07 NCR 


430 


05/01/96 


.3401 - 


.3403 


10:07 NCR 


430 


05/01/96 


.3501 - 


.3503 


10:07 NCR 


430 


05/01/96 


.3601 - 


.3604 


10:07 NCR 


430 


05/01/96 


.3701 - 


.3703 


10:07 NCR 


430 


05/01/96 


.3801 - 


.3803 


10:07 NCR 


430 


05/01/96 


.3901 - 


.3903 


10:07 NCR 


430 


05/01/96 


.4001 - 


.4003 


10:07 NCR 


430 


05/01/96 


.4101 - 


.4104 


10:07 NCR 


430 


05/01/96 


.5001 - 


.5002 


10.07 NCR 


430 


05/01/96 


.5101 - 


.5104 


10:07 NCR 


430 


05/01/96 


.5201 - 


.5204 


10:07 NCR 


430 


05/01/96 


.5301 - 


.5303 


10:07 NCR 


430 


05/01/96 


.5401 - 


.5403 


10:07 NCR 


430 


05/01/96 


.5501 - 


.5503 


10:07 NCR 


430 


05/01/96 


.5601 - 


.5603 


10:07 NCR 


430 


05/01/96 


.5701 - 


.5703 


10:07 NCR 


430 


05/01/96 


.5801 - 


.5804 


10:07 NCR 


430 


05/01/96 


.5901 - 


.5903 


10:07 NCR 


430 


05/01/96 


.6001 - 


.6003 


10:07 NCR 


430 


05/01/96 


.6101 - 


.6103 


10:07 NCR 


430 


05/01/96 


.6201 - 


.6202 


10:07 NCR 


430 


05/01/96 


.6301 - 


.6303 


10:07 NCR 


430 


05/01/96 


.6401 - 


.6403 


10:07 NCR 


430 


05/01/96 


.6501 - 


.6503 


10:07 NCR 


430 


05/01/96 


.6601 - 


.6603 


10:07 NCR 


430 


05/01/96 


.6701 - 


.6702 


10:07 NCR 


430 


05/01/96 


.6801 - 


.6802 


10:07 NCR 


430 


05/01/96 


.6901 - 


.6903 


10:07 NCR 


430 


05/01/96 


18A .0124 - 


.0128 


10:07 NCR 


430 


05/01/96 


.0130 




10:07 NCR 


430 


05/01/96 


.0132 - 


.0133 


10:07 NCR 


430 


05/01/96 


.0135 - 


.0136 


10:07 NCR 


430 


05/01/96 


181 .0114- 


.0120 


10:07 NCR 


430 


05/01/96 


18J .0110 - 


.0119 


10:07 NCR 


430 


05/01/96 


.0212- 


.0213 


10:07 NCR 


430 


05/01/96 


.0304- 


.0311 


10:07 NCR 


430 


05/01/96 


.0507- 


.0511 


10:08 NCR 


656 


05/01/96 


.0601 - 


.0604 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0715 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0805 


10:07 NCR 


430 


05/01/96 


.0803 




10:02 NCR 


118 


07/01/95 


18K .0109 - 


.0116 


10:07 NCR 


430 


05/01/96 


.0262- 


.0263 


10:08 NCR 


656 


05/01/96 


18L .0107 - 


.0108 


10:07 NCR 


430 


05/01/96 


.0223 - 


.0224 


10:07 NCR 


430 


05/01/96 


.0331 - 


.0336 


10:07 NCR 


430 


05/01/96 


.0338 - 


.0339 


10:07 NCR 


430 


05/01/96 


.0428- 


.0434 


10:07 NCR 


430 


05/01/96 


.0504 




10:07 NCR 


430 


05/01/96 


.0511 




10:07 NCR 


430 


05/01/96 


.0513 




10:07 NCR 


430 


05/01/96 


.0601 - 


.0607 


10:08 NCR 


656 


05/01/96 


.0701 - 


.0705 


10:07 NCR 


430 


05/01/96 


.0707 




10:07 NCR 


430 


05/01/96 


.0801 




10:07 NCR 


430 


05/01/96 


.0803 - 


.0809 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0904 


10:07 NCR 


430 


05/01/96 


.1001 - 


.1006 


10:07 NCR 


430 


05/01/96 


.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 


.1105- 


.1107 


10:07 NCR 


430 


05/01/96 



07/01/95 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



711 



CUMULATIVE INDEX 



Agency/Role Citation 



Proposed in 
Register 



Proposed 

Effective 
Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 





.1201 




10:07 NCR 


430 


05/01/96 






.1203 - 


.1206 


10:07 NCR 


430 


05/01/96 






.1301 - 


.1309 


10:07 NCR 


430 


05/01/96 






.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 






.1501 - 


.1525 


10:07 NCR 


430 


05/01/96 




18M 


.0107 - 


.0110 


10:07 NCR 


430 


05/01/96 






.0206- 


.0213 


10:07 NCR 


430 


05/01/96 






.0304- 


.0307 


10:07 NCR 


430 


05/01/96 






.0406- 


.0409 


10.O7 NCR 


430 


05/01/96 






.0505 - 


.0506 


10:07 NCR 


430 


05/01/96 






.0607- 


.0608 


10:07 NCR 


430 


05/01/96 






.0701 




10:07 NCR 


430 


05/01/96 






.0703 - 


.0706 


10:07 NCR 


430 


05/01/96 






.0708 - 


.0714 


10:07 NCR 


430 


05/01/96 






.0801 - 


.0803 


10:07 NCR 


430 


05/01/96 






.0817 - 


.0819 


10:07 NCR 


430 


05/01/96 






.0824- 


.0838 


10:07 NCR 


430 


05/01/96 






.0901 - 


.0908 


10:07 NCR 


430 


05/01/96 






.1001 - 


.1009 


10:07 NCR 


430 


05/01/96 






.1101 - 


.1106 


10:07 NCR 


430 


05/01/96 






.1203 - 


.1204 


10:07 NCR 


430 


05/01/96 






.1302- 


.1305 


10:07 NCR 


430 


05/01/96 






.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 






.1405- 


.1410 


10:07 NCR 


430 


05/01/96 




18N 


.0105 - 


.0110 


10:07 NCR 


430 


05/01/96 






.0204- 


.0212 


10:07 NCR 


430 


05/01/96 






.0305 - 


.0306 


10:07 NCR 


430 


05/01/96 






.0601 - 


.0605 


10:08 NCR 


656 


05/01/96 






.0701 - 


.0709 


10:08 NCR 


656 


05/01/96 




180 


.0517 - 


.0524 


10:08 NCR 


656 


05/01/96 




ISP 


.0901 - 


.0903 


10:07 NCR 


430 


05/01/96 






.1001 - 


.1004 


10:07 NCR 


430 


05/01/% 




18Q 


.0284 




10:07 NCR 


430 


05/01/96 






.0286- 


.0287 


10:07 NCR 


430 


05/01/96 






.0520 - 


.0521 


10:07 NCR 


430 


05/01/96 






.0538 - 


.0552 


10:07 NCR 


430 


05/01/96 




26B 


.0110 




10:08 NCR 


660 


10/01/95 






.0124 




10:02 NCR 


118 


07/01/95 


X 


26H 


.0302 




10:04 NCR 


228 


08/01/95 


X 




.0304- 


.0305 


10:04 NCR 


228 


08/01/95 


X 




.0308 - 


.0309 


10:04 NCR 


228 


08/01/95 


X 


26H 


.0213 




10:02 NCR 


118 


07/01/95 




41F 


.0706 




10:03 NCR 


196 


08/01/95 






.0812 




10:03 NCR 


1% 


08/01/95 




INSURANCE 














1 1 NCAC 06A 


.0812 




10:04 NCR 


246 


08/01/95 




JUSTICE 














12 NCAC 04E 


.0104 




10:07 NCR 


573 


10/01/95 




07D 


.0201 




10:07 NCR 


575 


10/01/95 






.0301 




10:07 NCR 


575 


10/01/95 






.0401 




10:07 NCR 


575 


10/01/95 






.0701 




10:07 NCR 


575 


10/01/95 






.0706 




10:07 NCR 


575 


10/01/95 






.0801 




10:07 NCR 


575 


10/01/95 






.0806 




10:07 NCR 


575 


10/01/95 






.0902 




10:07 NCR 


575 


10/01/95 






.0904 




10:07 NCR 


575 


10/01/95 




09A 


.0204 




10:02 NCR 


1 22 


08/01/95 




09B 


.0113 




10:02 NCR 


i ?2 


08/01/95 






.0201 - 


.0202 


10:02 NCR 


122 


08/01/95 






.0205 - 


.0206 


10:02 NCR 


122 


08/01/95 






.0210 




10:02 NCR 


122 


08/01/95 





07/01/95 



07/01/95 



712 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0212 - .0214 


10:02 NCR 


122 


08/01/95 




.0226 - .0228 


10:02 NCR 


122 


08/01/95 




.0232 - .0233 


10:02 NCR 


122 


08/01/95 


09C 


.0401 


10:02 NCR 


122 


08/01/95 




.0601 


10:02 NCR 


122 


08/01/95 


09D 


.0102 


10:02 NCR 


122 


08/01/95 




.0104 - .0106 


10:02 NCR 


122 


08/01/95 


11 


.0210 


10:05 NCR 


301 


09/01/95 


LABOR 










13 NCAC 




10:01 NCR 


10 


01/01/96 






10:01 NCR 


12 


01/01/96 






10:02 NCR 


149 


10/01/95 






10:02 NCR 


149 


01/01/96 






10:02 NCR 


149 


01/01/96 






10:02 NCR 


149 


02/01/96 






10:03 NCR 


196 


01/01/96 






10:03 NCR 


197 


01/01/96 


12 


.0101 


10:02 NCR 


142 


08/01/95 




.0303 - .0315 


10:02 NCR 


142 


08/01/95 




.0501 - .0502 


10:02 NCR 


142 


08/01/95 




.0803 - .0808 


10:02 NCR 


142 


08/01/95 


LIST OF RULES CODIFIED 












10:02 NCR 


167 








10:04 NCR 


272 




MEDICAL EXAMINERS 








21 NCAC 32H 


.0102 


10:02 NCR 


151 


07/01/96 




.0201 


10:02 NCR 


151 


07/01/96 




.0203 


10:02 NCR 


151 


07/01/96 




.0408 


10:02 NCR 


151 


07/01/96 




.0506 


10:02 NCR 


151 


07/01/96 




.0601 


10:02 NCR 


151 


07/01/95 




.0602 


10:02 NCR 


151 


07/01/96 




.0801 


10:02 NCR 


151 


07/01/96 




.1001 


10:02 NCR 


151 


07/01/96 


321 


.0003 - .0004 


10:02 NCR 


151 


07/01/95 


NURSING HOME ADMINISTRATORS 






21 NCAC 37 


.0101 


10:04 NCR 


262 


08/01/95 




.0302 


10:03 NCR 


206 


08/01/95 




.0404 


10:03 NCR 


206 


08/01/95 




.0502 


10:03 NCR 


206 


08/01/95 




.0603 


10:03 NCR 


206 


08/01/95 




.0904 


10:04 NCR 


262 


08/01/95 




.0912 


10:03 NCR 


206 


08/01/95 




.0914 


10:03 NCR 


206 


08/01/95 


PHYSICAL THERAPY EXAMINERS 








21 NCAC 48C 


.0103 


10:08 NCR 


671 


10/01/95 


48D 


.0006 


10:08 NCR 


671 


10/01/95 




.0008 


10:08 NCR 


671 


10/01/95 




.0011 


10:08 NCR 


671 


10/01/95 


48E 


.0110 


10:08 NCR 


671 


10/01/95 


48F 


.0002 


10:08 NCR 


671 


10/01/95 


48G 


.0501 - .0516 


10:08 NCR 


671 


10/01/95 




.0601 


10:08 NCR 


671 


10/01/95 


48H 


.0104 


10:08 NCR 


671 


10/01/95 




.0701 - .0704 


10:08 NCR 


671 


10/01/95 



Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 



on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 



Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 



Rules Filed 03/95 
Rules Filed 04/95 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



713 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



21 NCAC 50 


.0402 




10:01 NCR 


39 


09/01/95 




.0505 




10:01 NCR 


39 


09/01/95 


PROFESSIONAL COUNSELORS 








21 NCAC 53 


.0204- 


.0211 


10:01 NCR 


40 


07/01/95 




.0301 




10:01 NCR 


40 


07/01/95 




.0305 - 


.0309 


10.01 NCR 


40 


07/01/95 




.0310 




10:01 NCR 


40 


07/01/95 




.0403 - 


.0405 


10:01 NCR 


40 


07/01/95 




.0601 - 


.0604 


10:01 NCR 


40 


07/01/95 


PUBLIC EDUCATION 










16 NCAC 06D 


.0106 




10:07 NCR 


584 


11/01/95 


REAL ESTATE COMMISSION 








21 NCAC 58 A 


.0110 




10:02 NCR 


157 


07/01/95 




.0403 




10:04 NCR 


263 


08/01/95 




.0503 




10:04 NCR 


263 


08/01/95 




.0504 - 


.0506 


10.O2 NCR 


157 


07/01/95 




.0505 




10:04 NCR 


263 


08/01/95 




.1703 




10:02 NCR 


157 


07/01/95 




.1707- 


.1708 


10:02 NCR 


157 


07/01/95 




.1710- 


.1711 


10:02 NCR 


157 


07/01/95 


58E 


.0103 




10:02 NCR 


157 


07/01/95 




.0203 - 


.0204 


10:02 NCR 


157 


07/01/95 




.0303 - 


.0305 


10:02 NCR 


157 


07/01/95 




.0406- 


.0407 


10:02 NCR 


157 


07/01/95 




.0506 




10:02 NCR 


157 


07/01/95 




.0515 




10:02 NCR 


157 


07/01/95 


REFRIGERATION EXAMINERS 








21 NCAC 60 


.0102 




10:04 NCR 


264 


08/01/95 




.0204 




10:04 NCR 


264 


08/01/95 




.0314 




10:04 NCR 


264 


08/01/95 




.1102 




10:04 NCR 


264 


08/01/95 


REVENUE 












Tax Review Board 






10:01 NCR 


03 




Tax Review Board 






10:07 NCR 


428 




SECRETARY OF STATE 










18 NCAC 06 


.1205 - 


.1206 


10:05 NCR 


306 


09/01/95 




.1208 




10:05 NCR 


306 


09/01/95 




.1302- 


.1305 


10:05 NCR 


306 


09/01/95 




.1313 




10:05 NCR 


306 


09/01/95 


STATE PERSONNEL 










25 NCAC 01 C 


.0207 




10:04 NCR 


264 


08/01/95 




.0402- 


.0408 


10:04 NCR 


264 


08/01/95 


01D 


.0201 




10:04 NCR 


264 


08/01/95 




.0205 




10:04 NCR 


264 


08/01/95 




.0207 




10:04 NCR 


264 


08/01/95 




.0211 




10:04 NCR 


264 


08/01/95 




.0509 




10:07 NCR 


588 


10/01/95 




.0808 




10:04 NCR 


264 


08/01/95 




.1001 




10:04 NCR 


264 


08/01/95 




.1009 




10:04 NCR 


264 


08/01/95 




.1201 




10.04 NCR 


264 


08/01/95 




.1204 




10:04 NCR 


264 


08/01/95 




.1401 




10:04 NCR 


264 


08/01/95 




.1801 - 


.1802 


10:04 NCR 


264 


08/01/95 




.2001 




10:04 NCR 


264 


08/01/95 



07/01/95 
07/01/95 
07/01/95 

07/01/95 
07/01/95 



07/01/95 



07/01/95 

07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 



714 



NORTH CAROLINA REGISTER 



July 14, 1995 



10:8 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



01E 


.0804 




10:04 NCR 


264 


08/01/95 




.1402- 


.1409 


10:07 NCR 


588 


10/01/95 




.1410- 


.1411 


10:07 NCR 


588 


10/01/95 


01J 


.0604- 


.0606 


10:07 NCR 


588 


10/01/95 




.0608 




10:07 NCR 


588 


10/01/95 




.0610- 


.0612 


10:07 NCR 


588 


10/01/95 




.0613 - 


.0615 


10:07 NCR 


588 


10/01/95 


OIK 


.0312 




10:04 NCR 


264 


08/01/95 


TRANSPORTATION 










19A NCAC 02D 


.0801 




10:04 NCR 


254 


09/01/95 



10:8 



NORTH CAROLINA REGISTER 



July 14, 1995 



715 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


201 00 00 


$63.00 


$90.00 


201 10 05 


$21.00 


$30.00 


201 10 33 


$17.50 


$25.00 


202 00 00 


$98.00 


$140.00 


202 1 5 09 


$28.00 


$40.00 


202 1 5 34 


$21.00 


$30.00 


202 1 5 43 


$21.00 


$30.00 


202 1 5 48 


$21.00 


$30.00 


202 1 8 62 


$21.00 


$30.00 


203 00 00 


$7.00 


$10.00 


204 00 00 


$87.50 


$125.00 


204 1 5 02 


$12.00 


$40.00 


204 16 03 


$24.50 


$36.00 


204 1 5 06 


$14.00 


$20.00 


204 1 5 09 


$14.00 


$20.00 


204 15 10 


$14.00 


$20.00 


204 15 16 


$24.50 


$35.00 


205 00 00 


$56.00 


$80.00 


206 15 02 


$24.50 


$35.00 


206 00 00 


$21.00 


$30.00 


207 00 00 


$21.00 


$30.00 


208 00 00 


$7.00 


$10.00 


209 00 00 


$31.50 


$45.00 


210 00 00 


$346.50 


$495.00 


210 20 10 


$45.50 


$65.00 


210 20 20 


$31.50 


$45.00 


210 20 30 


$77.00 


$110.00 


210 20 40 


$119.00 


$170.00 


210 20 41 


$31.50 


$45.00 


210 20 42 


$31.50 


$45.00 


210 20 43 


$28.00 


$40.00 


210 20 44 


$17.50 


$25.00 


210 20 45 


$35.00 


$50.00 


211 00 00 


$63.00 


$90.00 


211 1001 


$56.00 


$80.00 


211 10 04 


$24.50 


$35.00 


211 1005 


$17.50 


$25.00 


211 1006 


$28.00 


$40.00 


211 1008 


$21.00 


$30.00 


212 00 00 


$63.00 


$90.00 


212 1007 


$21.00 


$30.00 


212 1009 


$31.50 


$45.00 


212 10 11 


$17.50 


$25.00 


213 00 00 


$77.00 


$110.00 


213 15 06 


$14.00 


$20.00 


213 20 00 


$31.50 


$45.00 


213 15 12 


$14.00 


$20.00 


213 15 13 


$14.00 


$20.00 


213 15 14 


$14.00 


$20.00 


213 15 15 


$14.00 


$20.00 


214 00 00 


$31.50 


$45.00 


214 00 08 


$17.60 


$25.00 


214 00 11 


$14.00 


$20.00 


215 00 00 


$276.50 


$395.00 


215 15 00 


$115.50 


$165.00 


215 15 10 


$49.00 


$70.00 


215 15 20 


$49.00 


$70.00 


215 15 30 


$56.00 


$80.00 


215 15 31 


$35.00 


$60.00 


215 15 32 


$17.50 


$25.00 



Title 1 - Dept. of Administration 

Division of Purchase &. Contract 
Federal Block Grant Funds 



Full Tide 



Title 2 - Dept. of Agriculture - Full Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 

Title 5 - Dept. of Corrections - Full Title 

Division of Prisons 

Title 6 - Council of State - Full Title 

Title 7 - Dept. of Cultural Resources - Full Title 

Title 8 - State Board of Elections - Full Title 

Title 9 - Offices of the Governor & Lt. Governor - Full Title 

Title 10 - Dept. of Human Resources - Full Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurance - Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Title 12 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 13 - Dept. of Labor - Full Title 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety - Full Title 

Alcohol Law Enforcement 
Victims Compensation Fund 

Title 15A - Dept. of Environ., Health, & Nat. Resources - Full Title 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 1 5 40 


$31.50 


$45.00 


215 25 00 


$105.00 


$150.00 


215 25 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$50.00 


215 25 30 


$59.50 


$85.00 


215 25 31 


$17.50 


$25.00 


216 00 00 


$21.00 


$30.00 


216 10 06 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


$31.50 


$45.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 10 06 


$21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 10 02 


$28.00 


$40.00 


219 1003 


$35.00 


$50.00 


220 00 00 


$31.50 


$45.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$750.00 


266 00 00 




$750.00 


266 50 00 


-- 


$250.00 


288 50 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





Coastal Management 

Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalyser 

Trde 16 - Dept. of Public Instruction - Full Trde 

Elementary & Secondary Education 

Trde 17 - Dept. of Revenue - Full Trde 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Trde 1 8 - Secretary of State - Full Title 

Secunties Division 

Trde 19A - Dept. of Transportation - Full Trde 

Division of Highways 
Division of Motor Vehicles 

Trde 20 - Dept. of the State Treasurer - Full Trde 

Trde 21 - Occupational Licensing Boards - Full Trde 

Title 22 - Administrative Procedures Act - Repealed 

Trde 23 - Dept. of Community Colleges - Full Trde 

Title 24 - Independent Agencies - Full Title 

Title 25 - Office of State Personnel - Full Trde 

Title 26 - Office of Administrative Hearings - Full Title 

Trde 27 - North Carolina State Bar - Full Trde 

North Carolina Administrative Code - Full Code 

lAdd $85.00 Shipping and Handling) 

CD-ROM North Carolina Administrative Code 
CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

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PRICE 






CITY 


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Binder(s): Titled 'Officii! North Carotin* Administrmtrve Code' 
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Subtotal 




North Carolina State Sales Tax (6%) 




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